Green, Alex orcid.org/0000-0001-7889-2852 (2023) A Political Theory of State Equality. Transnational Legal Theory. ISSN 2041-4005
Abstract
This paper advances a novel argument for why states are juridically equal. It embraces a fundamentally political understanding of legal statehood, whereby states provide essential ‘focuses’ and ‘forums’ through which politics can take place. On this basis, it contends that state equality cannot be properly grasped until it is acknowledged that states constitute ‘political communities’ and merit a certain degree of respect as such. It is this respect that grounds juridical equality. Political communities, in the relevant sense, need not be either democratically legitimate or particularly just. Ethically valuable politics typically operates as a response to injustice and illegitimacy. However, the normative core of state equality lies in the structural support that states provide for this distinct form of human activity.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2023 The Author(s). |
Keywords: | Statehood,Public International Law,Political Philosophy,Equality |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 17 Apr 2023 13:40 |
Last Modified: | 07 Feb 2025 00:35 |
Published Version: | https://doi.org/10.1080/20414005.2023.2232597 |
Status: | Published online |
Refereed: | Yes |
Identification Number: | 10.1080/20414005.2023.2232597 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:198261 |
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