Search results for 'International law Philosophy' (try it on Scholar)

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  1. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.score: 176.0
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  2. Anna Goppel & Anne Schwenkenbecher (2012). Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism. Ancilla Iuris 111.score: 174.0
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...)
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  3. Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.score: 174.0
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant (...)
     
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  4. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.score: 161.0
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  5. H. B. Jacobini (1954/1979). A Study of the Philosophy of International Law as Seen in Works of Latin American Writers. Hyperion Press.score: 147.0
  6. William Galbraith Miller (1884/1979). Lectures on the Philosophy of Law, Designed Mainly as an Introduction to the Study of International Law. F. B. Rothman.score: 145.0
     
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  7. François Tanguay-Renaud & James Stribopoulos (eds.) (2012). Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 139.0
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  8. Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.score: 136.0
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal (...)
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  9. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.score: 131.0
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  10. Jennifer Beard (2006). The Political Economy of Desire: International Law, Development and the Nation State. Routledge-Cavendish.score: 131.0
    This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...)
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  11. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 122.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  12. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.score: 121.0
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  13. Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.score: 116.0
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  14. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.score: 116.0
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...)
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  15. Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.score: 116.0
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  16. Will Kymlicka (2010). Minority Rights in Political Philosophy and International Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press. 377--383.score: 116.0
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  17. J. Tasioulas & S. Besson (eds.) (2010). The Philosphy of International Law. Oxford University Press.score: 116.0
    International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. This volume is the ideal guide to the current debates, offering 29 specially commissioned essays by leading philosophers and international lawyers, addressing the central philosophical questions about international law.
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  18. 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..score: 114.0
    Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
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  19. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 106.0
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  20. Jamie Terence Kelly (2010). The Moral Foundations of International Criminal Law. Journal of Human Rights 9 (4):502-510.score: 106.0
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  21. Jan Klabbers & Touko Piiparinen (eds.) (2013). Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.score: 105.0
    This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.
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  22. Patrick Capps (2009). Human Dignity and the Foundations of International Law. Hart.score: 102.0
     
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  23. S. G. Sreejith (2010). Transcending Jurisprudence: A Critique of the Architectonics of International Law. Lup, Lapland University Press.score: 102.0
     
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  24. Ranyard West (1974). International Law and Psychology. Dobbs Ferry, N.Y.,Oceana Publications.score: 100.0
  25. Allen Buchanan & David Golove (2002). Philosophy of International Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.score: 99.0
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  26. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).score: 98.0
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  27. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.score: 96.0
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  28. Jacqueline Mowbray (2011). Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.score: 96.0
    Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic justice”, that is, justice as between speakers of different languages. This article considers how the language of international law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two key concepts: equality and (...)
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  29. Raymond Wacks (2006). Philosophy of Law: A Very Short Introduction. Oxford University Press.score: 91.0
    This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. (...)
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  30. John Keown & Robert P. George (eds.) (2013). Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press.score: 91.0
    John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
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  31. Ronald Dworkin (2013). A New Philosophy for International Law. Philosophy and Public Affairs 41 (1):2-30.score: 90.0
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  32. Stephen Eliot Smith (2011). The Philosophy of International Law – Edited by Samantha Besson and John Tasioulas. Journal of Applied Philosophy 28 (2):221-223.score: 90.0
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  33. Lars Vinx (2009). Antony Carty, Philosophy of International Law. Philosophy in Review 29 (3):164.score: 90.0
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  34. H. G. Callaway (ed.) (2011). Alexander James Dallas: An Exposition of the Causes and Character of the War. An Annotated Edition. Dunedin Academic Press.score: 89.0
    Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...)
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  35. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 88.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  36. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 87.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. (...)
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  37. Danilo Zolo (1999). A Cosmopolitan Philosophy of International Law? A Realist Approach. Ratio Juris 12 (4):429-444.score: 87.0
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  38. Gerard Elfstrom (1999). Fernando R. Teson, A Philosophy of International Law:A Philosophy of International Law. Ethics 110 (1):229-233.score: 87.0
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  39. Omar Dahbour (1993). Self-Determination in Political Philosophy and International Law. History of European Ideas 16 (4-6):879-884.score: 87.0
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  40. Phan Minh Dung & Giovanni Sartor (2011). The Modular Logic of Private International Law. Artificial Intelligence and Law 19 (2-3):233-261.score: 87.0
    We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...)
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  41. Christopher Harding (2000). Review: Cavallar, From the Theory and Practice of International Right to a Philosophy of International Law Kant and the Theory and Practice of International Right; Tesón, A Philosophy of International Law. [REVIEW] Kantian Review 4:148-155.score: 87.0
  42. Patrick Capps (2011). Philosophy for International Lawyers: A Review of Samantha Besson and John Tasioulas (Eds), The Philosophy of International Law by Patrick Capps. [REVIEW] Jurisprudence 2 (2):521-528.score: 87.0
     
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  43. Imer B. Flores & Gülriz Uygur (eds.) (2010). Alternative Methods in the Education of Philosophy of Law and the Importance of Legal Philosophy in the Legal Education: Proceedings of the 23rd World Congress of the International Association for Philosophy of Law and Social Philosophy "Law and Legal Cultures in the 21st Century: Diversity and Unity" in Kraków, 2007. [REVIEW] Franz Steiner.score: 87.0
     
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  44. Raimond Gaita (2011). Literature, Genocide, and the Philosophy of International Law. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oup Oxford.score: 87.0
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  45. Christopher Harding (2000). Review: Cavallar & Tesón (Respectively), From the Theory and Practice of International Right to a Philosophy of International Law. [REVIEW] Kantian Review 4:148-155.score: 87.0
  46. Aleksander Peczenik & Mikael M. Karlsson (eds.) (1995). Law, Justice and the State: Essays on Justice and Rights: Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (Ivr), Reykjavík, 26 May-2 June, 1993. [REVIEW] F. Steiner Verlag.score: 87.0
  47. Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.score: 85.0
    Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental (...)
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  48. Daniel Butt (2009). ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. 163.score: 84.0
  49. David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.score: 84.0
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...)
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  50. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 84.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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