philosophy of international law

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The Philosophy Of International Law

Author : Samantha Besson
ISBN : 9780191613531
Genre : Philosophy
File Size : 31. 68 MB
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International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

A Philosophy Of International Law

Author : Fernando Teson
ISBN : 9780429982286
Genre : Philosophy
File Size : 85. 59 MB
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A philosophical exploration of what obligates countries to obey international law, this groundbreaking study argues that a shared respect for human rights is what ultimately binds diverse nations to each other.. Why should sovereign states obey international law? In this groundbreaking study, Fernando Tesn, both a lawyer and a philosopher, argues t

Philosophy Of International Law

Author : Anthony Carty
ISBN : 9780748675531
Genre : Law
File Size : 73. 39 MB
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Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

Theory And Philosophy Of International Law

Author : Andrea Bianchi
ISBN : 178471769X
Genre :
File Size : 75. 56 MB
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This research collection offers a comprehensive view of the most notable contributions to the theory and philosophy of international law. In the first volume, a number of philosophical inquiries have been selected, alongside contributions offering general theoretical insight into international law and explores how philosophers and international law scholars tackle them in their respective fields of inquiry. In the second volume, the kaleidoscope of different contemporary theories and approaches to international law is presented. The collection is an indispensable reference for anyone interested in philosophical and theoretical investigations in international law.

Kant And The Law Of Peace

Author : C. Covell
ISBN : 9780230501867
Genre : Philosophy
File Size : 34. 57 MB
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Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

A Study Of The Philosophy Of International Law As Seen In Works Of Latin American Writers

Author : H.B. Jacobini
ISBN : 9789401187985
Genre : Law
File Size : 86. 77 MB
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One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.

The Oxford Handbook Of The Theory Of International Law

Author : Anne Orford
ISBN : 9780198701958
Genre : Law
File Size : 22. 30 MB
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features close to fifty original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Revisiting Dworkin S Philosophy Of International Law Could The Hedgehog Have Done It Any Other Way

Author :
ISBN : OCLC:1051885368
Genre :
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Abstract : This paper replies to the criticisms raised by Eric Scarffe and Thomas Christiano against Dworkin's philosophy of international law. While the former argues that Dworkin's philosophy of international law boils down into some form of political realism, the latter upholds that Dworkin's attempt to ground the legitimacy of international law on the states' duty to improve their own legitimacy is insufficient to establish a solid foundation for international obligations. In my response to these critics, I hold that they are based on an uncharitable and implausible reading of Dworkin's theory of international law, since Dworkin's theses about the law, whether we are considering "municipal" or "international" law, only make sense if they are understood in an interpretive way. This is, I submit, the only way to avoid turning Dworkin's assumption of the "unity of value" into an implausible metaphysical theory of natural law. Once we adopt Dworkin's interpretive attitude, it becomes clear that the route taken by Dworkin in "A New Philosophy for International Law" was the only route that remained available for his interpretive account of political legitimacy and the foundations of law.

The Catholic Conception Of International Law

Author : James Brown Scott
ISBN : 9781584778219
Genre : Law
File Size : 39. 55 MB
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INTERNATIONAL LAW THEORY BEFORE GROTIUS Originally published: Washington, D.C.: Georgetown University Press, 1934. xxix (v-xxix new introduction), XV, [2], 494 pp. This important study of international law theory before Grotius discusses the work of Victoria and Suarez, together with the writings of later Catholic jurists of the period, such as Mariana, Buchanan and Bellarmine. Contemporary Protestant jurists are discussed as well. Reprint of the sole edition. "The outstanding merit of the book for which Dr. Scott has placed scholars and lawyers in his debt is that it is a needed reminder that the ideas and conceptions on which the internal order of states, no less than the good order of the international community, depend, are not of today nor of yesterday, but that they have a long history, and that their deepest roots are in the great tradition of Christian thought, which, through the centuries, was elaborated by schoolmen and canonists and jurists with a power of analysis and insight which puts to shame the contributions of much of what passes for contemporary jurisprudence."--John Dickinson, Georgetown Law Journal 24 (1935-1936) 218 JAMES BROWN SCOTT [1866-1943], a participant in the Versailles Conference, was an outstanding scholar of international law and author of many influential works on the subject. With Dr. Alejandro Alvarez, a distinguished Chilean international lawyer, he established the American Institute of International Law in 1912.

Philosophy Of Law

Author : Larry May
ISBN : 9781405183888
Genre : Law
File Size : 80. 66 MB
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Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

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