Two Books of the Elements of Universal Jurisprudence

Two Books of the Elements of Universal Jurisprudence
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.

The Individual in International Law

The Individual in International Law
Author: Anne Peters
Publisher: Oxford University Press
Total Pages: 449
Release: 2024-06-14
Genre: Law
ISBN: 0198898916

The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.

Pufendorf's International Political and Legal Thought

Pufendorf's International Political and Legal Thought
Author: Peter Schröder
Publisher: Oxford University Press
Total Pages: 305
Release: 2024-01-25
Genre: Law
ISBN: 0192883356

Samuel Pufendorf (1632-1694) is regarded as one of the eminent thinkers of the early-modern era, critical in the shaping of the period's natural jurisprudence. In this interdisciplinary collection of essays, esteemed scholars examine Pufendorf's contributions to international political and legal thought.

Jurisdiction in International Law

Jurisdiction in International Law
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.

Leibniz' Universal Jurisprudence

Leibniz' Universal Jurisprudence
Author: Patrick Riley
Publisher: Harvard University Press
Total Pages: 366
Release: 1996
Genre: Biography & Autobiography
ISBN: 9780674524071

For the first time Leibniz' political, moral, and legal thought are extensively discussed here in English. The text includes fragments of his work that have never before been translated. Riley shows that a justice based on both wisdom and love, "wise charity", has at least as much claim to be taken seriously as the familiar contractarian ideas of Hobbes and Locke. For Leibniz, nothing is more important than benevolence toward others, which he famously equates with justice and which he insists is morally crucial. Because Leibniz was the greatest Platonist of early modernity, Riley argues, his version of Platonic idealism serves as the bridge from Plato himself to the greatest modern "critical" idealist, Kant. With Leibniz' Universal Jurisprudence we now have a fuller picture of one of the greatest general thinkers of the seventeenth century.

A Theory of Punishable Participation in Universal Crimes

A Theory of Punishable Participation in Universal Crimes
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 756
Release: 2018-12-07
Genre: Law
ISBN: 8283481282

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.