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 to establish and
institutionalise a system of authoritative judgment whereby the
conditions by which a community of states can co-exist and
co-operate are ensured. A state, in turn, must be understood as
ultimately deriving legitimacy from the pursuit of the human
dignity of the community it governs, as well as the dignity of
those human beings and states affected by its actions in
international relations. This argument is in line with a long and
now resurgent Kantian tradition in legal and political philosophy.
The book shows how this approach is reflected in accepted paradigm
cases of international law, such as the United Nations Charter. It
then explains how this approach can provide insights into the
theoretical foundations of these accepted paradigms, including our
understanding of the sources of international law, international
legal personality and the design of global institutions.
General
Imprint: |
Hart Publishing
|
Country of origin: |
United Kingdom |
Series: |
Studies in International Law |
Release date: |
June 2010 |
First published: |
2009 |
Authors: |
Patrick Capps
|
Dimensions: |
234 x 156 x 15mm (L x W x T) |
Format: |
Paperback
|
Pages: |
306 |
ISBN-13: |
978-1-84946-089-7 |
Categories: |
Books >
Law >
International law >
General
|
LSN: |
1-84946-089-2 |
Barcode: |
9781849460897 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!