"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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