Results for 'philosophy of international law'

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  1. A Philosophy of International Law.Fernando Teson - 1998 - Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  2.  9
    Philosophy of International Law.Anthony Carty - 2017 - Edinburgh: Edinburgh University Press.
    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 (...)
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  3. Philosophy of International Law.Allen Buchanan & David Golove - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. New York: Oxford University Press UK.
     
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  4. The philosophy of international law.Samantha Besson & John Tasioulas (eds.) - 2010 - New York: Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  5. Philosophy of International Law.Allen Buchanan & David Golove - 2002 - In Jules L. Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. New York: Oxford University Press.
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  6.  9
    A Study of the Philosophy of International Law as Seen in Works of Latin American Writers.H. B. Jacobini - 1954 - Hyperion Press.
  7.  44
    The Philosophy of International Law – Edited by Samantha Besson and John Tasioulas.Stephen Eliot Smith - 2011 - Journal of Applied Philosophy 28 (2):221-223.
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  8. Literature, Genocide, and the Philosophy of International Law.Raimond Gaita - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, punishment, and responsibility: the jurisprudence of Antony Duff. New York: Oxford University Press.
     
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  9.  18
    Philosophy and International Law: A Critical Introduction.David Lefkowitz - 2020 - Cambridge University Press.
    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 (...)
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  10.  8
    Filosofía del derecho internacional, violencia y masculinidad hegemónica = Philosophy of international law, violence and hegemonic masculinity.Jose Antonio García Sáez - 2019 - UNIVERSITAS Revista de Filosofía Derecho y Política 30:65-87.
    RESUMEN: La violencia es considerada a menudo un elemento consustancial al ámbito internacional: algo que el derecho internacional puede quizá reducir pero no eliminar completamente. Este trabajo se hace eco de las críticas feministas al derecho internacional poniéndolas en relación con los conceptos elaborados por los estudios sobre masculinidades. Que el derecho internacional sea una disciplina históricamente manejada por hombres encuentra su proyección sobre cinco ámbitos: 1) el concepto de estado en tanto que actor principal del derecho internacional, 2) el (...)
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  11. Antony Carty, Philosophy of International Law.Lars Vinx - 2009 - Philosophy in Review 29 (3):164.
     
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  12.  46
    A Cosmopolitan Philosophy of International Law? A Realist Approach.Danilo Zolo - 1999 - Ratio Juris 12 (4):429-444.
    Analyzing different works and in particular Habermas' reflection on Kant, the author reconstructs, first, his approach to international law and his political and legal cosmopolitanism. Second, he presents some critical observations on Habermas' cosmopolitanism in the context of his more general discursive theory of law and state. In this perspective, he discusses the problems of peace and of the role of the United Nations, the strategy of protection of human rights, and the question of world citizenship. He argues that (...)
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  13.  9
    Theory and philosophy of international law.Andrea Bianchi (ed.) - 2017 - Cheltenham, UK: Edward Elgar Publishing.
    volume I. Philosophical inquiries and general theoretical concerns -- volume II. The kaleidoscope of different international law theories.
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  14.  11
    Rights and Civilizations: A History and Philosophy of International Law.Gustavo Gozzi - 2019 - Cambridge University Press.
    Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples, Western 'civil' peoples, and 'developed' peoples, and now to democratic (...)
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  15.  32
    Review of A Philosophy of International Law. [REVIEW]Gerard Elfstrom - 1999 - Ethics 110 (1):2229-33.
  16.  12
    Space and Fates of International Law: Between Leibniz and Hobbes.Ekaterina Yahyaoui Krivenko - 2020 - New York, NY, USA: Cambridge University Press.
    The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these (...)
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  17.  25
    Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations.Charles Covell - 1998 - St. Martin's Press.
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained 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, Kant (...)
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  18.  1
    The Part of Philosophy in International Law.Roscoe Pound - 1927 - [Longmans, Green and Co.].
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  19.  43
    “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law.John Tasioulas - 2021 - Jus Cogens 3 (1):33-50.
    This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function (...)
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  20.  14
    The sentimental life of international law: literature, language, and longing in world politics.Gerry J. Simpson - 2021 - Oxford: Oxford University Press.
    The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may (...)
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  21. Constitutionalisation : a new philosophy of international law?Jerzy Zajadlo & Tomasz Widlak - 2016 - In Andrzej Jakubowski & Karolina Wierczyńska (eds.), Fragmentation vs the constitutionalisation of international law: a practical inquiry. New York: Routledge.
     
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  22. Philosophy and International Law: Reflections on Interdisciplinary Research into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...)
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  23.  8
    The Strategic Use of International Law by the United Nations Security Council: An Empirical Study.Rossana Deplano - 2015 - Cham: Imprint: Springer.
    The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The (...)
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  24.  18
    (1 other version)Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law.Felix Ekardt & Anna Hyla - 2017 - Latest Issue of Archiv Fuer Rechts Und Sozialphilosphie 103 (2):221-238.
    This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law which might affect the (...)
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  25.  14
    Human dignity and the foundations of international law.Patrick Capps - 2009 - Portland, Or.: Hart.
    International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks (...)
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  26.  11
    Theory of international law.Robert Kolb - 2016 - Portland, Oregon: Hart Publishing.
    History and characteristics of International law -- Foundation, sources and structural principles of International law -- The subjects of International law -- Questions of method and the structure of rules in International law -- The 'Lotus Rule' on residual state freedom -- The effectiveness of International law -- International society or International community? -- The relationship between International law and politics -- The relationship of International law with certain cardinal legal notions.
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  27.  25
    'A New Philosophy for International Law' and Dworkin's Political Realism.Eric J. Scarffe - 2016 - Canadian Journal of Law and Jurisprudence 29 (1):191-213.
    During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper (...)
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  28.  46
    The limits of international law.Jack L. Goldsmith - 2005 - New York: Oxford University Press. Edited by Eric A. Posner.
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  29.  13
    International Law’ and ‘International Relations’ in Hegel’s Philosophy of Right. 서정혁 - 2021 - Cheolhak-Korean Journal of Philosophy 149:89-112.
    지금까지 헤겔의 『법철학』은 주권 국가 내의 문제들에 한정해서만 주로 다루어져 왔고, ‘국제법’과 ‘국제관계’에 관련해서는 대부분 부정적 관점에서 논의되었다. 그러나 ‘국제법’과 ‘국제관계’에 관한 헤겔의 논의는 긍정적인 관점에서 새롭게 이해될 필요가 있다. 이러한 관점에서 주목해야 할 핵심 내용은 다음과 같다. 첫째, 헤겔은 『법철학』에서 실정적 조약들과 국제법을 분명하게 구분한다. 둘째, 국제법은 국가 간 인정관계를 전제로 하며 이 인정관계는 ‘보편적 당위의 형식적 측면’과 ‘인륜의 내용적 측면’을 필요로 한다. 셋째, 헤겔은 국제관계를 개별 주권 국가들의 대립적이며 적대적인 관계로만 보지 않고, 인륜의 관점에서 그들의 상호 인정과 연대도 (...)
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  30.  45
    Formalism and the sources of international law: a theory of the ascertainment of legal rules.Jean D' Aspremont - 2011 - New York: Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  31.  43
    The Legal Philosophy of Internationally Assisted Tyrannicide.Shannon Brincat - 2009 - Australian Journal of Legal Philosophy 34:151-192.
    The international community has long been affected by the political, philosophical and ethical issues surrounding the practice of tyrannicide, defined as the targeted killing of a tyrant. However, there exists no specific international legal instrument that concerns the practice of tyrannicide, rendering the legitimacy of the practice ambiguous. This paper aims to investigate the issue of tyrannicide and offers a number of speculative arguments concerning its legal-philosophical status. It finds that there are essentially two arms of international (...)
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  32.  54
    The Role of International Law in US Constitutional Law—A Question that Might Be Posed by John Courtney Murray.Robert J. Araujo - 2007 - Journal of Catholic Social Thought 4 (1):35-58.
  33.  69
    Attempts: In the Philosophy of Action and the Criminal Law.Gideon Yaffe - 2010 - Oxford, GB: Oxford University Press.
    Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.
  34. The centrality of international law and international organi zations for peace in the nuclear age.John Hefried - 1989 - Philosophy and Social Criticism 15 (1).
     
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  35.  10
    Fragmentation vs the constitutionalisation of international law: a practical inquiry.Andrzej Jakubowski & Karolina Wierczyńska (eds.) - 2016 - New York: Routledge.
    The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of (...)
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  36. The role of international law in reproducing massive poverty.Thomas Pogge - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
     
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  37. The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  38. Review of Cassese, Five Masters of International Law. [REVIEW]H. G. Callaway - 2012 - Law and Politics Book Review 22 (1):154-161.
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  39.  34
    The Institutionalisation of International Law: On Habermas' Reformulation of the Kantian Project.Øystein Lundestad & Kjartan Koch Mikalsen - 2011 - Journal of International Political Theory 7 (1):40-62.
    The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of (...)
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  40.  8
    International Law and the Possibility of a Just World Order: An Essay on Hegel's Universalism.Steven V. Hicks (ed.) - 1999 - Rodopi.
    This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.
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  41.  12
    Internationalization of Law: Globalization, International Law and Complexity.Marcelo Dias Varella - 2014 - Berlin, Heidelberg: Imprint: Springer.
    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs (...)
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  42.  46
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.Francois Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at (...)
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  43.  42
    About the dialectical historiography of international law.Ian Hunter - 2016 - .
    Currently there is a widely held view that international law and its historiography did not emerge until the nineteenth century, with earlier forms of jus gentium or Völkerrecht being consigned to the status of a superseded ‘pre-history’. It is not widely understood that this view itself belongs to a particular kind of historiography–the dialectical historiography of international law–that was born in 1840s Germany, and wielded this viewpoint as a cultural-political weapon to exclude its rivals from ‘modernity’. In outlining (...)
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  44.  11
    Transcending jurisprudence: a critique of the architectonics of international law.S. G. Sreejith - 2010 - Rovaniemi: LUP, Lapland University Press.
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  45.  78
    (1 other version)Plea for a constitutionalization of international law.Jürgen Habermas - 2014 - Philosophy and Social Criticism 40 (1):5-12.
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  46. The legitimacy of international law.Allen Buchanan - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press. pp. 79--96.
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  47. States of Exclusion: A critical systems theory reading of international law.Nico Buitendag - 2022 - Cape Town: AOSIS Books.
    The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other (...)
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  48.  37
    Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries.Tetsuya Toyoda - 2011 - M. Nijhoff.
    Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
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  49. Theorizing the Sources of International Law.Samantha Besson - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
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  50.  76
    International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices (...)
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