A Social Theory Of International Law
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Author | : Alexander Wendt |
Publisher | : Cambridge University Press |
Total Pages | : 264 |
Release | : 1999-10-07 |
Genre | : Political Science |
ISBN | : 1107268435 |
Drawing upon philosophy and social theory, Social Theory of International Politics develops a theory of the international system as a social construction. Alexander Wendt clarifies the central claims of the constructivist approach, presenting a structural and idealist worldview which contrasts with the individualism and materialism which underpins much mainstream international relations theory. He builds a cultural theory of international politics, which takes whether states view each other as enemies, rivals or friends as a fundamental determinant. Wendt characterises these roles as 'cultures of anarchy', described as Hobbesian, Lockean and Kantian respectively. These cultures are shared ideas which help shape state interests and capabilities, and generate tendencies in the international system. The book describes four factors which can drive structural change from one culture to another - interdependence, common fate, homogenization, and self-restraint - and examines the effects of capitalism and democracy in the emergence of a Kantian culture in the West.
Author | : Reza Banakar |
Publisher | : A&C Black |
Total Pages | : 694 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782252045 |
There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.
Author | : Kazuko Hirose |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 352 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9789041121585 |
There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.
Author | : Andrea Bianchi |
Publisher | : Oxford University Press |
Total Pages | : 378 |
Release | : 2016-11-10 |
Genre | : Law |
ISBN | : 0191038229 |
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Author | : Kazuko Hirose Kawaguchi |
Publisher | : BRILL |
Total Pages | : 339 |
Release | : 2021-12-28 |
Genre | : Law |
ISBN | : 9004480668 |
There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system,' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.
Author | : Moshe Hirsch |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : International law |
ISBN | : 9781783474486 |
"Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers."--Publisher's description.
Author | : Nicholas Onuf |
Publisher | : Routledge |
Total Pages | : 280 |
Release | : 2013-05-07 |
Genre | : Political Science |
ISBN | : 1136219463 |
Nicholas Onuf is a leading scholar in international relations and introduced constructivism to international relations, coining the term constructivism in his book World of Our Making (1989). He was featured as one of twelve scholars featured in Iver B. Neumann and Ole Wæver, eds., The Future of International Relations: Masters in the Making? (1996); and featured in Martin Griffiths, Steven C. Roach and M. Scott Solomon, Fifty Key Thinkers in International Relations, 2nd ed. (2009). This powerful collection of essays clarifies Onuf’s approach to international relations and makes a decisive contribution to the debates in IR concerning theory. It embeds the theoretical project in the wider horizon of how we understand ourselves and the world. Onuf updates earlier themes and his general constructivist approach, and develops some newer lines of research, such as the work on metaphors and the re-grounding in much more Aristotle than before. A complement to the author’s groundbreaking book of 1989, World of Our Making, this tightly argued book draws extensively from philosophy and social theory to advance constructivism in International Relations. Making Sense, Making Worlds will be vital reading for students and scholars of international relations, international relations theory, social theory and law.
Author | : Andrew T. Guzman |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199739285 |
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Author | : Professor Roger Cotterrell |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 214 |
Release | : 2013-01-28 |
Genre | : Law |
ISBN | : 1409493105 |
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Author | : Anne Orford |
Publisher | : Oxford University Press |
Total Pages | : 1089 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 019100555X |
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 48 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.