Results for 'secession'

15 found
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  1. Secession, Law, and Rights: The Case of the Former Yugoslavia.Daniel Kofman - 2000 - Human Rights Review 1 (2):9-26.
    A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia (...)
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  2. Reconsidering Contested Secessions: Unfeasibility and Indeterminacy.Valentina Gentile - 2014 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 4 (1).
    Writing about secession is not an easy task for a political philosopher. Yet, writing about secession in India raises further practical and theoretical problems. The incredible task of professor Chandhoke’s book, Contested Secessions, is thus to provide a restatement of a liberal theory of secession, understood as a remedial right theory, which is still compatible with situations of contested secessions, such as those occurring in post-colonial societies like India. This paper focuses on two distinct yet related aspects (...)
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  3. What Is Wrong with Secession?Pouya Lotfi Yazdi - manuscript
    In this article, I (hereafter: the writer) have argued that the right to secede as a right to territory is multilateral. Next, heterogeneous nationalism will be suggested to avoidance of secession. Moreover, an argument that the writer has called it Martyr Argument is presented against unilateral or consensual secession, and the writer will extend the argument to related topics and questions. As a result, this argument will defend a comprehensive anti-model of secession. Well, what is wrong with (...)
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  4. Institutional Morality and the Principle of National Self-Determination.Hsin-wen Lee - 2015 - Philosophical Studies 172 (1):207-226.
    Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from (...)
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  5. Is There a Liberal Right to Secede From a Liberal State?Matthew J. Webb - 2006 - TRAMES 10 (4):371-386.
    This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of (...)
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  6. The Paradoxes of National Self-Determination.Brian Slattery - 1994 - Osgoode Hall Law Journal 32:703-33.
    Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full (...)
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  7.  34
    L’anatomie de la désagrégation de l’État - le cas des Comores.Krzysztof Trzcinski - 2004 - Africana Bulletin 52:131-153.
    Dans les années 1997–2002, les Comores, un des plus petits et un des plus jeunes pays d’Afrique, ont été la scène d’un processus de la désagrégation de l’État, qui consistait non seulement en la désintégration effective du pouvoir central dans une partie considérable du territoire de l’archipel, mais également en la sécession des deux îles et l’émergence sur l’une d’elles d’un quasi-État qui, suite au concours de nombreuses circonstances, parvint à mener une existence autonome durant une période de cinq ans. (...)
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  8.  90
    Territorial Exclusion: An Argument Against Closed Borders.Daniel Weltman - 2021 - Journal of Ethics and Social Philosophy 19 (3):257-90.
    Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...)
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  9. The Identity Argument for National Self-Determination.Hsin-wen Lee - 2012 - Public Affairs Quarterly 26 (2):123-139.
    A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...)
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  10.  50
    Self-Care and Total Care: The Twofold Return of Care in Twentieth-Century Thought.Jussi Backman - 2020 - International Journal of Philosophy and Theology 81 (3):275-291.
    The paper studies two fundamentally different forms in which the concept of care makes its comeback in twentieth-century thought. We make use of a distinction made by Peter Sloterdijk, who argues that the ancient and medieval ‘ascetic’ ideal of self-enhancement through practice has re-emerged in the nineteenth and twentieth centuries, particularly in the form of a rehabilitation of the Hellenistic notion of self-care (epimeleia heautou) in Michel Foucault’s late ethics. Sloterdijk contrasts this return of self-care with Martin Heidegger’s concept of (...)
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  11. Legal Modernity and Early Amerindian Laws.William Conklin - 1999 - Sociology of Law, Social Problems and Legal Policy:115-128.
    This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view (...)
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  12.  63
    Decolonizing the Rule of Law: Mabo's Case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...)
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  13. Livingston, Donald, Ed. Rethinking the American Union for the Twenty-First Century. Gretna, LA: Pelican Publishing Company, 2012. [REVIEW]Gary James Jason - 2012 - Reason Papers 34 (2):211-214.
    This essay is my short, critical review of Donald Livingston’s anthology, Rethinking the American Union for the Twenty-First Century. The contributors of this anthology all argue for secession as a legal and proper tool for calling the Federal government down in size and power. I critically examine the arguments of the contributors.
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  14. The Tragedy and Promise of Self-Determination.Brian Slattery - 2020 - Yale Law Journal 129.
    The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.
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  15.  50
    Origins of Armed Separatism in Southern Senegal.Krzysztof Trzcinski - 2005 - Africana Bulletin 53:169-208.
    In the history of statehood, separatism is a natural phenomenon rather than something unusual. Separatism is mostly perceived as a group’s seeking to separate one part of the territory of a given country from the rest in order to create a new state organism (secessionism) or to unify within one country lands inhabited by people that form a single ethnocultural community (irredentism). Sometimes the idea of separatism serves as a negotiating strategy for a regional group to get from the state (...)
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