David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
International law and ethics share a common goal of helping us understand the norms and institutions needed to promote a just world order. Yet each of the two fields has approached this shared task with little regard for the insights of other, and interdisciplinary collaboration is now imperative. This essay shows the complementary nature of inquiries in political and moral philosophy, on the one hand, and international law, on the other, by examining the so-called New Haven School (or policy-oriented jurisprudence), an international law method that explicitly considers values as both inputs and outputs of the process of making law. It finds that the School’s sociological orientation does not adequately integrate ethical inquiries essential to prescribing law, in particular questions about the scope of duties that individuals and states owe those abroad. Using the current legal debate over the extraterritorial application of human rights as an example, the paper shows how approaches from moral and political philosophy can help provide a rigorous and principled basis for the prescription of law, as well as link seemingly unrelated questions of international law to each other.
|Keywords||No keywords specified (fix it)|
|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
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..
Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
Charles T. Kotuby Jr, Private International Law Before the United States Supreme Court: Recent Terms in Review.
Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.
Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
Tetsuya Toyoda (2011). Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries. M. Nijhoff Pub..
Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.
Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
Added to index2009-06-04
Total downloads14 ( #133,766 of 1,692,623 )
Recent downloads (6 months)0
How can I increase my downloads?