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This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.
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.
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
" The Best Blaise Pascal Quotation Book ever Published. Special Edition This book of Blaise Pascal quotes contains only the rarest and most valuable quotations ever recorded about Blaise Pascal, authored by a team of experienced researchers. Hundreds of hours have been spent in sourcing, editing and verifying only the best quotations about Blaise Pascal for your reading pleasure, saving you time and expensive referencing costs. This book contains over 35 pages of quotations which are immaculately presented and formatted for premium consumption. Be inspired by these Blaise Pascal quotes; this book is a niche classic which will have you coming back to enjoy time and time again. What's Inside: Contains only the best quotations on Blaise Pascal Over 35 pages of premium content Beautifully formatted and edited for maximum enjoyment Makes for the perfect niche gift for you or someone special Enjoy such quotes such as: A trifle consoles us, for a trifle distresses us. Blaise Pascal All human evil comes from a single cause, man's inability to sit still in a room. Blaise Pascal All men's miseries derive from not being able to sit in a quiet room alone. Blaise Pascal All of our reasoning ends in surrender to feeling. Blaise Pascal As men are not able to fight against death, misery, ignorance, they have taken it into their heads, in order to be happy, not to think of them at all. Blaise Pascal Atheism shows strength of mind, but only to a certain degree. Blaise Pascal ... And much more! Click Add to Cart and Enjoy!"
Deconstruction and the Possibility of Justice by Drucilla Cornell,Michel Rosenfeld,David Gray Carlson Pdf
The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.
International Law and the Use of Force by Christine D. Gray Pdf
1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
The Use of Force in International Law by Tom Ruys,Olivier Corten,Alexandra Hofer Pdf
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
