Elements Of Universal Jurisprudence
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Author | : Samuel Freiherr von Pufendorf |
Publisher | : |
Total Pages | : 425 |
Release | : 2009-02-27 |
Genre | : Philosophy |
ISBN | : 9780865976191 |
This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.
Author | : Jakob Friedrich Freiherr von Bielfeld |
Publisher | : |
Total Pages | : 478 |
Release | : 1770 |
Genre | : Education |
ISBN | : |
Author | : Jacob Friedrich Freiherr von Bielfeld |
Publisher | : |
Total Pages | : 346 |
Release | : 1771 |
Genre | : |
ISBN | : |
Author | : Jean Jacques Burlamaqui |
Publisher | : |
Total Pages | : 304 |
Release | : 1859 |
Genre | : International law |
ISBN | : |
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author | : John Stuart Mill |
Publisher | : |
Total Pages | : 418 |
Release | : 1867 |
Genre | : History |
ISBN | : |
Author | : John Stuart Mill |
Publisher | : |
Total Pages | : 420 |
Release | : 1867 |
Genre | : |
ISBN | : |
Author | : John Stuart Mill |
Publisher | : BoD – Books on Demand |
Total Pages | : 390 |
Release | : 2023-10-20 |
Genre | : Fiction |
ISBN | : 338521551X |
Reprint of the original, first published in 1875.
Author | : Andrew Linklater |
Publisher | : Taylor & Francis |
Total Pages | : 376 |
Release | : 2000 |
Genre | : International relations |
ISBN | : 9780415201384 |
Author | : Anthony Carty |
Publisher | : Oxford University Press |
Total Pages | : 547 |
Release | : 2018-02-09 |
Genre | : Law |
ISBN | : 0191649015 |
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.