Rules Norms And Decisions
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Author | : Friedrich V. Kratochwil |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 1991-04-26 |
Genre | : Law |
ISBN | : 9780521409711 |
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author | : Philip Pettit |
Publisher | : Clarendon Press |
Total Pages | : 428 |
Release | : 2002-10-31 |
Genre | : Philosophy |
ISBN | : 0191530794 |
Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book deals with the rule-following character of thought. The second discusses the many factors to which choice is rationally responsive - and by reference to which choice can be explained - consistently with being under the control of thought. The third examines the implications of this multiple sensitivity for the normative regulation of social affairs. Thus the volume covers a large swathe of territory, ranging from metaphysics to philosophical psychology to the theory of rational regulation. The connections that Pettit makes between these areas are original and illuminating. Each part of the book develops a key theme. The first is that thought succeeds in following rules - and overcomes Wittgenstein's rule-following problem - so far as it is response-dependent; it is a sort of enterprise that is accessible only to creatures like us for whom certain responses are primitive and shared. The second is that while human choice may be sensitive to discursive reasons, as we would expect in a thinking subject, it can at the same time be subject to the control - the virtual control, in the model developed here - of rational self-interest. And the third is that the rational interest of agents in achieving esteem in the eyes of others, and in avoiding disesteem, exercises a virtual form of control that can explain the emergence of norms and various other aspects of social life.
Author | : Cristina Bicchieri |
Publisher | : Cambridge University Press |
Total Pages | : 290 |
Release | : 2005-12-12 |
Genre | : Philosophy |
ISBN | : 9781139447140 |
In The Grammar of Society, first published in 2006, Cristina Bicchieri examines social norms, such as fairness, cooperation, and reciprocity, in an effort to understand their nature and dynamics, the expectations that they generate, and how they evolve and change. Drawing on several intellectual traditions and methods, including those of social psychology, experimental economics and evolutionary game theory, Bicchieri provides an integrated account of how social norms emerge, why and when we follow them, and the situations where we are most likely to focus on relevant norms. Examining the existence and survival of inefficient norms, she demonstrates how norms evolve in ways that depend upon the psychological dispositions of the individual and how such dispositions may impair social efficiency. By contrast, she also shows how certain psychological propensities may naturally lead individuals to evolve fairness norms that closely resemble those we follow in most modern societies.
Author | : Charles T. Kotuby, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017-02-15 |
Genre | : Law |
ISBN | : 0190642726 |
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author | : Randy J. Kozel |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2017-06-06 |
Genre | : Law |
ISBN | : 110712753X |
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author | : Yuval Feldman |
Publisher | : |
Total Pages | : 257 |
Release | : 2018-06-07 |
Genre | : Law |
ISBN | : 1107137101 |
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author | : Antje Wiener |
Publisher | : Springer |
Total Pages | : 104 |
Release | : 2014-08-14 |
Genre | : Political Science |
ISBN | : 3642552358 |
The Theory of Contestation advances critical norms research in international relations. It scrutinises the uses of ‘contestation’ in international relations theories with regard to its descriptive and normative potential. To that end, critical investigations into international relations are conducted based on three thinking tools from public philosophy and the social sciences: The normativity premise, the diversity premise and cultural cosmopolitanism. The resulting theory of contestation entails four main features, namely types of norms, modes of contestation, segments of norms and the cycle of contestation. The theory distinguishes between the principle of contestedness and the practice of contestation and argues that, if contestedness is accepted as a meta-organising principle of global governance, regular access to contestation for all involved stakeholders will enhance legitimate governance in the global realm.
Author | : Gary Goertz |
Publisher | : Rowman & Littlefield |
Total Pages | : 284 |
Release | : 2003 |
Genre | : Education |
ISBN | : 9780742525900 |
This book presents a punctuated equilibrium framework for understanding the nature of policy decision-making by governments as well as a theory of the creation, functioning, and evolution of international norms and institutions.
Author | : Jeffrey L. Dunoff |
Publisher | : |
Total Pages | : 1088 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
International Law: Norms, Actors, Process: A Problem-Oriented Approach , now in its Third Edition , uses an interdisciplinary approach and real-world problems to illustrate the law in action and encourage students to think more deeply about global
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.