Law And Moral Action In World Politics

Author : Cecelia Lynch,Michael Maurice Loriaux
Publisher : U of Minnesota Press
Page : 342 pages
File Size : 51,6 Mb
Release : 2000
Category : Political Science
ISBN : 0816631700

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Law and Moral Action in World Politics by Cecelia Lynch,Michael Maurice Loriaux Pdf

Defined by custom and treaty, and now increasingly embodied in charters, regulations, and resolutions of international organizations, does the existence of international law point to progress in humankind's capacity for moral conduct? Or does the lack of a discernible ethical foundation in either law or political action make progress impossible to define? In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways. Some adhere to a progressive reading of the law; others adopt a critical stance. Topics included the function and historical evolution of the law; the cultural and intellectual assumptions of influential legal texts; and the experiences of legal activists in using law to pursue moral ends, including the rights of indigenous people and the protection of international law itself.

Author : Amanda Russell Beattie
Publisher : Routledge
Page : 241 pages
File Size : 51,5 Mb
Release : 2016-04-22
Category : Political Science
ISBN : 9781317109808

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Justice and Morality by Amanda Russell Beattie Pdf

Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. Amanda Beattie challenges both the conventional interpretation of natural law as necessarily and intractably theological, and the dominant conception of international relations as structurally distinct from the ends of human good, in order to recover the centrality of other-directed agency to the promotion of human development. Offering an important contribution to the study of international political thought, the book contains a number of challenging and controversial ideas which should provoke constructive debate within international relations theory, political theory, and philosophical ethics.

Author : Milla Emilia Vaha
Publisher : University of Wales Press
Page : 194 pages
File Size : 49,5 Mb
Release : 2021-07-15
Category : Philosophy
ISBN : 9781786837875

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The Moral Standing of the State in International Politics by Milla Emilia Vaha Pdf

Kant’s moral and political philosophy has been important in developing ethical thinking in international relations. This study argues that his theory of the state is crucially important for understanding the moral agency of the state as it is discussed in contemporary debates. For Kant, it is argued that the state has not only duties but also, controversially, inalienable rights that ground its relationship to its citizens and to other states. Most importantly, the state – regardless of its governmental form or factual behaviour – has a right to exist as a state. The Kantian account provided, therefore, explores not only the moral agency but also the moral standing of the state, examining the status of different kinds of states in world politics and expectations towards their ethical behaviour. Every state has a moral standing that must be respected in a morally imperfect world gradually transforming towards the ideal condition of perpetual peace.

Author : Gerhart Niemeyer,Michael Henry
Publisher : Routledge
Page : 408 pages
File Size : 47,9 Mb
Release : 2018-01-16
Category : Law
ISBN : 9781351320627

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Law without Force by Gerhart Niemeyer,Michael Henry Pdf

Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.

Author : David Traven
Publisher : Cambridge University Press
Page : 327 pages
File Size : 42,5 Mb
Release : 2021-07
Category : Law
ISBN : 9781108845007

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Law and Sentiment in International Politics by David Traven Pdf

Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

Author : Christian Reus-Smit
Publisher : Cambridge University Press
Page : 348 pages
File Size : 48,6 Mb
Release : 2004-04-29
Category : Law
ISBN : 0521546710

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The Politics of International Law by Christian Reus-Smit Pdf

Politics and law appear deeply entwined in contemporary international relations. Yet existing perspectives struggle to understand the complex interplay between these aspects of international life. In this path-breaking volume, a group of leading international relations scholars and legal theorists advance a new constructivist perspective on the politics of international law. They reconceive politics as a field of human action that stands at the intersection of issues of identity, purpose, ethics, and strategy, and define law as an historically contingent institutional expression of such politics. They explain how liberal politics has conditioned modern international law and how law â€~feeds back' to constitute international relations and world politics. This new perspective on the politics of international law is illustrated through detailed case-studies of the use of force, climate change, landmines, migrant rights, the International Criminal Court, the Kosovo bombing campaign, international financial institutions, and global governance.

Author : Daniel Warner
Publisher : Lynne Rienner Publishers
Page : 176 pages
File Size : 42,6 Mb
Release : 1991
Category : Political Science
ISBN : 1555872662

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An Ethic of Responsibility in International Relations by Daniel Warner Pdf

Questioning many of the traditional assumptions found in discussions of ethics in international relations, Warner introduces a new way of thinking about moral responsibility and invites reflection on the nature of communities and states.

Author : Carmen E. Pavel
Publisher : Oxford University Press
Page : 217 pages
File Size : 47,9 Mb
Release : 2021-03-30
Category : Business & Economics
ISBN : 9780197543917

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Law Beyond the State by Carmen E. Pavel Pdf

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Author : Joel H. Rosenthal
Publisher : Routledge
Page : 547 pages
File Size : 51,6 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781351939010

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Ethics and International Relations by Joel H. Rosenthal Pdf

This volume offers a new dimension to realist theories about world politics. It questions both the theoretical and empirical foundations of much of traditional realist thought by offering realist-oriented analyses that emphasize the possibilities of cooperation and accommodation through agreement over common motivations and concerns. The articles in this volume demonstrate that moral considerations can and do play a significant role in shaping state behavior and that despair about the possibility of improving the systems and institutions within which we live is unwarranted. Specific points of normative convergence are raised in some detail, especially on issues of war, membership and authority, humanitarian concern and the social consequences of globalization. Three ethical concepts form the core of the 'realism reconsidered' argued for here, namely, the ideas of pluralism, rights and fairness.

Author : Mahmoud Refaat
Publisher : The European Institute for International Law and International Relations
Page : 179 pages
File Size : 47,9 Mb
Release : 2019-10-15
Category : Political Science
ISBN : 9798493243936

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Role of International Law in International Politics by Mahmoud Refaat Pdf

International law is a system of laws governing state-to-state interactions. Individuals and international institutions are two most active and important components of modern international law, yet this archaic definition leaves them out, indicating how far the field has gone. Furthermore, viewing international law as a collection of rules is no longer accurate; rather, it is a continuously growing complex of rules, and impactful not actively binding—principles, practices, and claims, all of which are linked to highly complicated processes and structures. International law, in its clearest connotation, provides normative standards, techniques, mechanisms, and a shared conceptual language to international players, initially sovereign nations, However, multinational organizations and people are becoming more prevalent. Human rights, commercial and economic issues, space law, and international organizations have all emerged as topics and players intimately connected with international law, extending beyond conventional questions of war, peace, and diplomats. Even though international law is a legal system rather than an ethical one, ethical notions and issues, particularly human rights, have had a significant influence on it. International law distinguishes itself from “international comity, which consists of legally nonbinding practices accepted by governments out of politeness (e.g., the saluting of the flags of foreign warships at sea)”. Furthermore, the field of conflict of laws, or private international law, is distinct from “the study of international law, or public international law, which is concerned with the rules of municipal law—as international lawyers refer to the domestic law of states—of various countries where foreign elements are involved”

Author : Stanley Hoffmann
Publisher : Carnegie Council on Ethics & International Affairs
Page : 40 pages
File Size : 44,7 Mb
Release : 1988
Category : Political Science
ISBN : IND:30000022309813

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The Political Ethics of International Relations by Stanley Hoffmann Pdf

Author : Duncan Bell
Publisher : Oxford University Press
Page : 463 pages
File Size : 48,5 Mb
Release : 2010-03-25
Category : Political Science
ISBN : 9780199548620

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Ethics and World Politics by Duncan Bell Pdf

The book opens with a discussion of different methods and approaches employed to study the subject, including analytical political theory, post-structuralism and critical theory. It then surveys some of the most prominent perspectives on global ethics, including cosmopolitanism, communitarianism of various kinds, theories of international society, realism, postcolonialism, feminism, and green political thought. Part III examines a variety of more specific issues, including immigration, democracy, human rights, the just war tradition and its critics, international law, and global poverty and inequality. -- Publisher description.

Author : Christian Reus-Smit
Publisher : Princeton University Press
Page : 214 pages
File Size : 49,7 Mb
Release : 2009-11-02
Category : Philosophy
ISBN : 9781400823253

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The Moral Purpose of the State by Christian Reus-Smit Pdf

This book seeks to explain why different systems of sovereign states have built different types of fundamental institutions to govern interstate relations. Why, for example, did the ancient Greeks operate a successful system of third-party arbitration, while international society today rests on a combination of international law and multilateral diplomacy? Why did the city-states of Renaissance Italy develop a system of oratorical diplomacy, while the states of absolutist Europe relied on naturalist international law and "old diplomacy"? Conventional explanations of basic institutional practices have difficulty accounting for such variation. Christian Reus-Smit addresses this problem by presenting an alternative, "constructivist" theory of international institutional development, one that emphasizes the relationship between the social identity of the state and the nature and origin of basic institutional practices. Reus-Smit argues that international societies are shaped by deep constitutional structures that are based on prevailing beliefs about the moral purpose of the state, the organizing principle of sovereignty, and the norm of procedural justice. These structures inform the imaginations of institutional architects as they develop and adjust institutional arrangements between states. As he shows with detailed reference to ancient Greece, Renaissance Italy, absolutist Europe, and the modern world, different cultural and historical contexts lead to profoundly different constitutional structures and institutional practices. The first major study of its kind, this book is a significant addition to our theoretical and empirical understanding of international relations, past and present.

Author : Percy Ellwood Corbett
Publisher : Lost Angeles : John Randolph Haynes and Dora Haynes Foundation
Page : 74 pages
File Size : 48,7 Mb
Release : 1956
Category : International law
ISBN : STANFORD:36105044466949

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Morals, Law, & Power in International Relations by Percy Ellwood Corbett Pdf

Author : Mark R. Amstutz
Publisher : Rowman & Littlefield
Page : 308 pages
File Size : 52,7 Mb
Release : 2008
Category : Philosophy
ISBN : 0742556042

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International Ethics by Mark R. Amstutz Pdf

A fourth edition of this book is now available. Now in a comprehensively revised and updated edition, this text cogently demonstrates that moral values and ethical reasoning are indispensable in global politics. Mark R. Amstutz explores two distinct dimensions of international political morality: the role of moral norms in foreign affairs and the ethical foundation of the rules and structures of global society. The author considers important conceptual and philosophical challenges posed by the plurality of values in the international community, but his primary goal is to describe and assess the nature, role, and impact of international political morality on international relations. Through the use of balanced arguments and a wide-ranging selection of case studies, Amstutz illustrates the place of moral norms in international relations. He presents the concepts, theories, methods, and traditions of ethical analysis and then applies them to case studies in the areas of political reconciliation, human rights, war, unconventional military operations, foreign intervention, economic sanctions, justice among states, and global justice. His clearly written study will be of special interest to students and practitioners of international affairs who are concerned with the role of political morality and ethical judgment in global affairs.