Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

In response to a renewed cosmopolitan enthusiasm, this volume brings together 25 essays in the development of cosmopolitan thought by distinguished cosmopolitan thinkers and critics. It looks at classical cosmopolitanism, global justice, culture and cosmopolitanism, political cosmopolitanism and cosmopolitan global governance.

Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.

Globalization has been contested in recent times. Among the critical perspectives is cosmopolitanism. Yet, with the exception of normative theory, international relations as a field has ignored cosmopolitan thinking. This book redresses this gap and develops a dialogue between cosmopolitanism and international relations. The dialogue is structured around three debates between non-universalist theories of international relations and contemporary cosmopolitan thought. The theories chosen are realism, (post-)Marxism and postmodernism. All three criticize liberalism in the international domain, and, therefore, cosmopolitanism as an offshoot of liberalism. In the light of each school's respective critique of universalism, the book suggests both the importance and difficulty of the cosmopolitan perspective in the contemporary world. Beardsworth emphasizes the need for global leadership at nation-state level, re-embedding of the world economy, a cosmopolitan politics of the lesser violence, and cosmopolitan political judgement. He also suggests research agendas to situate further contemporary cosmopolitanism in international relations theory. This book will appeal to all students of political theory and international relations, especially those who are seeking more articulation of the main issues between cosmopolitanism and its critics in international relations.

A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.

Global Justice and Our Epochal Mind explores the mind of our epoch, defined as the period since the Nuremberg Trial and the establishment of the United Nations in 1945. Xunwu Chen examines four defining ideas of this epoch—global justice, cosmopolitanism, crimes against humanity, and cultural toleration—as well as the structural relationships among these ideas. Chen argues that the mind of our epoch is essentially the mind of humanity. Its world view, horizon, standpoint, norms, standards, and vocabularies are of humanity, by humanity, and for humanity, and all are embodied in human institutions and practices throughout the globe. Meanwhile, our epochal mind has a dialectical relationship with particular cultures bearing normative force. As a metaphysical subjectivity and substance, humanity is the source of all human values in our epoch and defines what can and should be human values and virtues. Humankind, therefore, are a people with socio-political and legal sovereignty, sharing a common fate. This novel study brings a cross-cultural approach and will be of great interest to students and scholars of philosophy, political science, sociology, and the humanities more broadly.

Wim Vandekerckhove and Stan van Hooft The philosopher, Diogenes the Cynic, in the fourth century BCE, was asked where he came from and where he felt he belonged. He answered that he was a “citi- 1 zen of the world” (kosmopolitês) . This made him the rst person known to have described himself as a cosmopolitan. A century later, the Stoics had developed that concept further, stating that the whole cosmos was but one polis, of which the order was logos or right reason. Living according to that right reason implied showing goodness to all of human kind. Through early Christianity, cosmopolitanism was given various interpretations, sometimes quite contrary to the inclusive notion of the Stoics. Augustine’s interpretation, for example, suggested that only those who love God can live in the universal and borderless “City of God”. Later, the red- covery of Stoic writings during the European Renaissance inspired thinkers like Erasmus, Grotius and Pufendorf to draw on cosmopolitanism to advocate world peace through religious tolerance and a society of states. That same inspiration can be noted in the American and French revolutions. In the eighteenth century, enlig- enment philosophers such as Bentham (through utilitarianism) and Kant (through universal reason) developed new and very different versions of cosmopolitanism that serve today as key sources of cosmopolitan philosophy. The nineteenth century saw the development of new forms of transnational ideals, including that of Marx’s critique of capitalism on behalf of an international working class.