Toward an international rule of law: Distinguishing international law-breakers from would-be law-makers [Book Review]
Graduate studies at Western
Journal of Ethics 9 (1-2):225 - 246 (2005)
|Abstract||An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and they must be prepared to have the same rules applied to them as everyone else.|
|Keywords||civil disobedience customary international law fairness hegemony rule of law|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.
Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..
Added to index2009-01-28
Total downloads31 ( #44,895 of 739,739 )
Recent downloads (6 months)1 ( #61,680 of 739,739 )
How can I increase my downloads?