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Law without Force - The Function of Politics in International Law (Hardcover)
Loot Price: R3,877
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Law without Force - The Function of Politics in International Law (Hardcover)
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Law Without Force is a landmark in political and social philosophy.
It proposes nothing less than a completely new basis for
international law. As relevant today as when it was first published
nearly sixty years ago, it commands the attention of all concerned
with what the future may bring to the law of nations. The great
scope of Niemeyer's undertaking draws respect even from those who
disagree with his challenging analysis of the historical past and
his suggestions for the future of international law. In his new
introduction, Michael Henry observes that Law Without Force
provides us with a foundation of Niemeyer's thinking. Published in
1941, when Hitler was swallowing up Europe, this volume shows how a
first-rate mind grappled with a legal, historical, social, and
ultimately metaphysical problem. It provides in detail the
reasoning behind Niemeyer's rejection of a foreign policy based on
morality and his distinction between authoritarian and totalitarian
governments; and it provides us with the first stage of his lengthy
and prodigious effort to understand "this terrible century." It is
a book that no serious student of Niemeyer can afford to ignore. At
the very heart of the author's vigorous discussion may be found his
rejection of a moral basis for international law and his suggestion
that a functional basis should be substituted for it. The book
incisively reviews the relation between traditional international
law and the changing structure of international politics concluding
that the traditional system of law has operated as an agency of
disharmony and conflict. After an investigation of the traditional
legal system, the author then asks, "What type of law fits the
social structure of this modern world?" The answers are presented
in the last part of the book, as Neimeyer offers his case for a
functional system of law, divorced from moral exhortations or
appeals to shattered authority. Philosophy, sociology, and legal
theory are brilliantly interwoven in this volume, which will engage
serious readers interested in political and social theory.
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