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This book conceptualizes international law as an expression of
practical reason, focusing on the genesis of modern international
law in the essence of the concept of sovereignty. Utilizing the
philosophical method of R.G. Collingwood, the essence of
sovereignty is sought in a dialectical model drawn from the
philosophy of David Hume. John Martin Gillroy transcends
conventional social scientific method, political theory, and its
understanding of global governance to make the study of the
philosophical underpinnings of international law accessible,
grounded, and practical. This book provides analytic tools for
understanding globalization, international legal thought, legal
theory, and political philosophy, offering engaging insights on a
complex field of study. It outlines the first of three arguments
describing the evolution of international law as a manifestation of
practical reason through an application of philosophical method to
the source, locus, and scope of the concept of sovereignty. It
moves from a dialectic balance favoring utility, to a balance
dominated by legal right, and finally to a dialectic of duty to
humanity and nature.
Public decisions on environmental risk have traditionally been
weighed in terms of the principle of efficiency and its
methodologies, such as cost-benefit and risk-benefit analysis.
These original essays argue for moving beyond the market paradigm
toward making policy that incorporates environmental values.
Scholars representing a broad range of disciplines present a
thorough analysis and methodological investigation of environmental
risk and the potential for integrating environmental values into
the policymaking process. They address the normative and
theoretical roots of environmental risk, describe the distinct
domain that exists for environmental values as opposed to economic
values, and look at the conflicts between economic and
environmental values within the applied context of the NIMBY (not
in my back yard) phenomenon.
The book transcends conventional social scientific method,
political theory and its understanding of global governance to make
the study of the philosophical essence of the international legal
system fully accessible.
Combining philosophy with practical politics, an expanding area of
policy studies applies moral precepts, critical principles, and
conventional values to collective decisions. This evolving new
approach to policy analysis asserts that the same variety of
ethical principles available to the individual are also available
to make collective decisions in the public interest and should be
used.
Although policy analysis has long been dominated by assumptions
originally developed for the examination of markets, such as
efficiency, these essays by leading scholars - the best work done
in the field over the past three decades - explore alternatives to
the "market paradigm" and show how moral discrimination and choice
can extend beyond the individual to encompass public decisions.
Chapters by John Martin Gillroy and Maurice Wade review the
political philosophies of Immanuel Kant and David Hume as
backgrounds for the development of modern concepts of public policy
choice. They present this anthology as a first step in codifying
options, arguments, and methods within this important developing
area of policy studies.
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