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The Veil, the Scales and the Sword: Moral and Legal Argument on Secession

The Veil, the Scales and the Sword: Moral and Legal Argument on Secession

Abstract

To build legitimate and successful secession claims and strategies, both moral and legal arguments are important. As regards moral reasoning, a nuanced primary theory of secession with remedial features is presented. With respect to the legal field, the remedial logic of general international law is distinguished from that of constitutional law. Constitutionalizing a qualified primary right to secede is then defended with the aim of fostering multinational accommodation and, ultimately, consensual secession. Although the legal regulation of secession is often partial and defective, legality must be taken seriously in liberal-democratic settings.

 

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Posted by Pau Bossacoma Busquets in Theory, 0 comments