Seceding from Secession
Seceding from Secession

Author: Eric J. Wittenberg

Publisher: Savas Beatie

Published: 2020-06-09

Total Pages: 290

ISBN-13: 1611215072

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A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Self-Determination and Collective Responsibility in the Secessionist Struggle
Self-Determination and Collective Responsibility in the Secessionist Struggle

Author: Costas Laoutides

Publisher: Routledge

Published: 2016-03-03

Total Pages: 266

ISBN-13: 1317057465

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The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity.

Creating New States
Creating New States

Author: Aleksandar Pavkovic

Publisher: Routledge

Published: 2016-05-13

Total Pages: 290

ISBN-13: 1317158474

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Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.

The Annotated Secessionist Papers
The Annotated Secessionist Papers

Author: Barry Lee Clark

Publisher: The Calhoun Institute

Published: 2018-06-21

Total Pages: 251

ISBN-13: 1721780637

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A collection of essays, articles and papers, in the tradition of the Federalist and Anti-Federalist Papers, that discuss secession from a legal, constitutional and historical perspective. Since the original release of the first edition of The Annotated Secessionist Papers, the world has not ceased to view secession and devolution as a legitimate recourse for people across the globe that seek more responsive democratic representation. In Europe, there are currently twenty-one active and real secession or devolution movements.

The Ashgate Research Companion to Secession
The Ashgate Research Companion to Secession

Author: Professor Peter Radan

Publisher: Ashgate Publishing, Ltd.

Published: 2013-04-28

Total Pages: 593

ISBN-13: 1409476529

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This research companion has three complementary aims. First, to offer an overview of the current theoretical approaches to secession in the social sciences, international relations, legal theory, political theory and applied ethics. Second, to outline the current practice of international recognition of secession and current domestic and international laws which regulate secession. Third, to offer an account of major secessionist movements - past and present - from a comparative perspective.

Kashmir's Right to Secede
Kashmir's Right to Secede

Author: Matthew J. Webb

Publisher: Routledge

Published: 2012-02-13

Total Pages: 209

ISBN-13: 1136451455

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A separatist conflict has been ongoing in India-administered Kashmir since 1989. Focusing on this region, this book critiques the existing normative theories of secession, and offers a comprehensive examination of the right of sub-groups to secede. The book looks at the different accounts of the moral right to secede, and assesses both the theories themselves as well as the claims of those who want to separate Kashmir from India. Included within this analysis are the three main types of normative theory that ground the right of groups to secede in principles of national self: determination, consensual governance and rectificatory justice. Previous studies have discussed the causes behind the uprising in Kashmir against Indian authority and examined some of the legal and geo-political implications of the conflict for India and the wider region. This book provides a new way of looking at the Kashmir dispute, by asking what these theories tell us about Kashmir, and in turn what the example of Kashmir allows us to learn about these theories. It is of interest to students and scholars of South Asian Politics and International Relations.

Theories of Secession
Theories of Secession

Author: Percy B. Lehning

Publisher: Routledge

Published: 2005-06-23

Total Pages: 274

ISBN-13: 1134693672

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Theories of Secession presents a systematic analysis of the rise of secessionist movements in global politics. Bringing together a collection of experts in the field, it provides a timely forum for debate in this contentious area of study.

Between Democracy and Law
Between Democracy and Law

Author: Carlos Closa

Publisher: Routledge

Published: 2019-09-30

Total Pages: 170

ISBN-13: 0429626800

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This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

Secessionist Rule
Secessionist Rule

Author: Franziska Smolnik

Publisher: Campus Verlag

Published: 2016-09-08

Total Pages: 427

ISBN-13: 3593506297

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In this timely investigation of secessionist entities in post-Soviet territories, Smolnik explores how political authority is organized, produced, and reproduced in conditions of violent conflict. Drawing on case studies of unrecognized or only partially recognized states in the South Caucasus, she shows that so-called low-level violent conflicts may significantly influence the form and functioning of political rule and thereby have a considerable impact on the empowerment and disempowerment of local actors. Offering fresh insight into the connections between violence and political power, Secessionist Rule not only contributes to the political sociology of violent conflict, but also adds to our knowledge of the largely understudied internal dynamics of de facto states.

Territorial Politics and Secession
Territorial Politics and Secession

Author: Martin Belov

Publisher: Springer Nature

Published: 2021-03-29

Total Pages: 315

ISBN-13: 3030644022

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This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.