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  • 1
    Conference Proceeding
    Conference Proceeding
    2011
    Language: German
    Description: In this paper I question the state centred view or statism that is implied in interpretations of Kant's legal and political philosophy. First, I show that a world consisting of independent nation states is not an innocent assumption. In historical perspective, states are not solutions to anarchism or wars of religion but themselves results of violent struggles. Second, I explain the role of the state in Kant's legal and political philosophy. It appears to be a central category as Kant conceives of it as an a prior necessity. I argue, finally, that the state in Kant need not be equated with the nation state but is one part of public law that comprises national, international, and cosmopolitan law. When taking Kant's view on historical progress and reforms into account a range of historical and also federal forms of organization appear to be permissible.
    Source: Open Access LMU (Universitätsbibliothek der LMU München)
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  • 2
    Article
    Article
    2014
    ISSN: 0143-781X 
    Language: English
    In: History of Political Thought, January 2014, Vol.35(4), pp.595-631
    Description: The aim of this paper is to demonstrate how the divide between systematic and historical approaches in political philosophy can be overcome. To this end I use the contemporary debate on cosmopolitanism and show that Plato already gave a philosophical answer to its central beliefs. Since this is meant to be a historical claim I argue (1) that the question of how Plato reacts to the cosmopolitan challenge is not new but one already posed by Plato's contemporaries, (2) that Plato reacted to changing constitutional situations and to the cosmopolitan challenges of the early Sophists through systematic and historical political philosophy. In a more detailed interpretation of the Politeia I show (3) how Plato constructs his dialogue to silence his opponents and make room for something else, namely philosophy. Reading Plato in this way does not offer solutions but instead urges us to reconsider philosophical beliefs. Adapted from the source document.
    Subject(s): Ancient Greek Philosophy ; Political Philosophy ; Cosmopolitanism ; Philosophy ; History and Theory; Political Theories and Philosophy ; Ancient Cosmopolitanism Ancient Greece Contemporary Cosmopolitanism Fourth Century Isocrates Plato'S Letters Socrates The Republic Metaphysics Xenophon ; Article
    ISSN: 0143-781X
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  • 3
    Article
    Article
    2017
    ISSN: 0012-1045 
    In: Deutsche Zeitschrift für Philosophie, 01/26/2017, 01/1/2017, Vol.65(4)
    ISSN: 0012-1045
    E-ISSN: 2192-1482
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  • 4
    Review
    Review
    2011
    ISSN: 00205893 
    Language: English
    In: The International and Comparative Law Quarterly, Oct 2011, Vol.60(4), pp.1095-1096
    Description: Setting aside debates about the status of the contemporary lex mercatoria, the author is certainly correct in insisting that a legal theory that fails to account for legal and normative hybridity in either the past or the present provides little explanatory power or conceptual clarity. In the final section, von Daniels critically discusses both dominant Anglophone analytical jurisprudence and more recent efforts at a 'general jurisprudence' that parallel his own attempt to move beyond a narrow focus on State law. The author argues that each neglects the importance of non-State normative orders, both in Western history and around the world, In what is 'something of a family dispute' (p 197), von Daniels is also critical of Brian Tamanaha and William Twining's separate attempts to formulate a 'general jurisprudence' that covers both State laws and other non-State norms.
    Subject(s): United States–Us ; Jurisprudence ; Anglophones ; Transnationalism ; Philosophy ; State Laws ; Transnationalism ; Philosophers ; Law ; University of Limerick
    ISSN: 00205893
    E-ISSN: 14716895
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