Toward an international rule of law: Distinguishing international law-breakers from would-be law-makers [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Ethics 9 (1-2):225 - 246 (2005)
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)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. 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..
Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
Added to index2009-01-28
Total downloads35 ( #54,645 of 1,140,133 )
Recent downloads (6 months)1 ( #147,976 of 1,140,133 )
How can I increase my downloads?