A Philosophy Of International Law
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Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 626 |
Release | : 2010-04 |
Genre | : Law |
ISBN | : 0199208581 |
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Author | : David Lefkowitz |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2020-10-29 |
Genre | : Law |
ISBN | : 1107138779 |
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author | : Fernando Teson |
Publisher | : Routledge |
Total Pages | : 311 |
Release | : 2018-10-08 |
Genre | : Philosophy |
ISBN | : 0429982283 |
Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.
Author | : Anthony Carty |
Publisher | : Edinburgh University Press |
Total Pages | : 304 |
Release | : 2017-02-03 |
Genre | : Law |
ISBN | : 0748675523 |
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
Author | : Miodrag A. Jovanović |
Publisher | : Cambridge University Press |
Total Pages | : 287 |
Release | : 2019-04-25 |
Genre | : Law |
ISBN | : 1108473334 |
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Author | : C. Covell |
Publisher | : Springer |
Total Pages | : 245 |
Release | : 1998-03-04 |
Genre | : Philosophy |
ISBN | : 0230501869 |
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.
Author | : Carlo Focarelli |
Publisher | : Oxford University Press |
Total Pages | : 628 |
Release | : 2012-05-24 |
Genre | : Law |
ISBN | : 0199584834 |
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Author | : Professor Aaron Fichtelberg |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 260 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409496279 |
Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.
Author | : Hugh Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 262 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0199685398 |
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author | : David Lefkowitz |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2020-10-29 |
Genre | : Law |
ISBN | : 1108916201 |
In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.