Gibt es einen Weltwohlfahrtsstaat?

Leisering, Lutz

doi:10.1007/978-3-531-90635-5_8

Cited by 2 publications

(2 citation statements)

References 16 publications

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“…This system in fact included international welfarism, which was invented before the great triumph of national welfare states. 37 The development of international law has changed deeply since the revolutionary founding of the United Nations. It has witnessed a turn from a law of coexistence of states to a law of cooperation, 38 the founding of the European Union, the Human Rights Treaties from the 1960s, the Vienna Convention on the law of the Treaties, and the emergence of international ius cogens, etc.…”

Section: IIImentioning

confidence: 99%

Dialectical snares: human rights and democracy in the world society

Brunkhorst

2009

Ethics & Global Politics

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The paper starts with a thesis on the dialectical structure of modern law that goes back to the European revolutionary tradition and constitutes a legal structure that is at once emancipatory and repressive. Once it became democratic, the modern nation state has solved more or less successfully the crises that have emerged in modern Europe since the 16th Century. Yet, this state did not escape the dialectical snares of modern law and modern legal regimes. It's greatest advance, the exclusion of inequalities, presupposed the exclusion of the internal other of blacks, workers, women, etc., and the other that stemmed from the non-European world that furthermore was under European colonial rule or other forms of European, North American, or Japanese imperial control. Yet, the wars and revolutions of the 20th Century led to a complete reconstruction, new foundation, and globalization of all national and international law. The evolutionary advance of the 20th Century was the emergence of world law, and this enabled the construction of international and national welfarism and the global expansion of the exclusion of inequalities. Nevertheless, the dialectic of enlightenment returned and led to new forms of post-national domination, hegemony, oppression, and exclusion. The final section of the paper tries to detect some ideas and principles for how to overcome the crisis.

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Section: IIImentioning

confidence: 99%

Dialectical snares: human rights and democracy in the world society

Brunkhorst

2009

Ethics & Global Politics

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“…23 A new system of basic human rights norms together with a new system of inter-, trans-and supranational institutions and organizations were created during the short period from 1941 to 1951including international welfarism which was invented before the great triumph of national welfare states. 24 The development of international law has deeply changed since the foundation of the United Nations, the turn from a law of coordination to a law of cooperation. 25 Such changes include the European Union, the Human Rights Treaties of the 1960s, the Vienna convention on the law of the Treaties, the emergence of international ius cogens, etc.…”

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confidence: 99%

State and Constitution – A Reply to Scheuerman

Brunkhorst

2008

Constellations

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Gibt es einen Weltwohlfahrtsstaat?

Cited by 2 publications

References 16 publications

Dialectical snares: human rights and democracy in the world society

Dialectical snares: human rights and democracy in the world society

State and Constitution – A Reply to Scheuerman

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