Law Without Nations

Author : Jeremy A. Rabkin
Publisher : Princeton University Press
Page : 358 pages
File Size : 46,8 Mb
Release : 2009-02-09
Category : Law
ISBN : 9781400826605

Get Book

Law without Nations? by Jeremy A. Rabkin Pdf

What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.

Author : Jeremy A. Rabkin
Publisher : Unknown
Page : 350 pages
File Size : 42,5 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:488492216

Get Book

Law Without Nations? by Jeremy A. Rabkin Pdf

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 256 pages
File Size : 44,9 Mb
Release : 2010-12-10
Category : Law
ISBN : 9780804777223

Get Book

Law without Nations by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.

Author : Jacqueline Stevens
Publisher : Columbia University Press
Page : 384 pages
File Size : 46,8 Mb
Release : 2009
Category : Philosophy
ISBN : 9780231148771

Get Book

States Without Nations by Jacqueline Stevens Pdf

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them.

Author : Phil Hotsenpiller
Publisher : Chosen Books
Page : 224 pages
File Size : 55,6 Mb
Release : 2017-07-04
Category : Religion
ISBN : 9781493409648

Get Book

One Nation without Law by Phil Hotsenpiller Pdf

Dynamic, Practical, Faith-Filled Response to the Evil Rising Around Us It's difficult to hear the growing daily reports of evil in our society without a degree of fear. Seen from a human perspective, things appear hopeless. But as we consider the spiritual perspective of those same events, we can--and will--see what purpose those struggles serve in God's plan. In these pages, pastor and author Phil Hotsenpiller will help you begin to connect the dots between biblical prophecies about lawlessness with current events. As you begin to see God's perspective, you will gain a more confident outlook for the future. God is trying to get our attention, show us how to get past our fears, and help us respond with faith to the evil we see all around us. Regardless of what we see on the news, God is still in control. Here are practical, everyday ways we can move forward with hope and determination to make our world a better place until the return of Jesus Christ.

Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 50,9 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

Get Book

The Law of Nations by Emer de Vattel Pdf

Author : Emer De Vattel
Publisher : Forgotten Books
Page : 660 pages
File Size : 55,9 Mb
Release : 2017-09-16
Category : Law
ISBN : 1528165314

Get Book

The Law of Nations by Emer De Vattel Pdf

Excerpt from The Law of Nations: Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns Many years have elapsed since the original work was pub lished, lon g before the invaluable decisions of Sir William Scott, Sir C. Robinson, and Sir J ohn N ichol, and other emi nent J udges in the Courts of Admiralty, and Prize and other Courts; and the last edition, upon which any care was be stowed, was published in A. D. 1797; since which time, and especially during the last general war, many most important rules respecting the Law of Nations were established. The object of the present Editor has, therefore, been to collect and condense, in numerous notes, the modem rules and decisions, and to fortify the positions in the text by references to other au thors of eminence, and by which he hopes that this edition will be found of more practical utility, without interfering with the text, or materially increasing its size. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Gerhart Niemeyer
Publisher : Transaction Publishers
Page : 440 pages
File Size : 55,5 Mb
Release : 2024-06-30
Category : Political Science
ISBN : 1412827337

Get Book

Law Without Force by Gerhart Niemeyer Pdf

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.

Author : Arthur Freud
Publisher : Unknown
Page : 232 pages
File Size : 47,9 Mb
Release : 1943
Category : International cooperation
ISBN : STANFORD:36105120869164

Get Book

The World Without Nations by Arthur Freud Pdf

Author : Justin B. Richland
Publisher : University of Chicago Press
Page : 245 pages
File Size : 48,5 Mb
Release : 2021-09-06
Category : Law
ISBN : 9780226608761

Get Book

Cooperation Without Submission by Justin B. Richland Pdf

"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--

Author : Jack Goldsmith,Tim Wu
Publisher : Oxford University Press
Page : 238 pages
File Size : 40,5 Mb
Release : 2006-03-17
Category : Law
ISBN : 0198034806

Get Book

Who Controls the Internet? by Jack Goldsmith,Tim Wu Pdf

Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.

Author : Travers Twiss
Publisher : General Books
Page : 450 pages
File Size : 50,6 Mb
Release : 2012-02-01
Category : Electronic
ISBN : 1458922235

Get Book

The Law of Nations Considered As Independent Political Communities by Travers Twiss Pdf

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861. Excerpt: ... such States and Persons as should attempt by open war, or by secret conspiracy, or by treason to set aside the Succession so established, is relieved of all ambiguity by its very speciality; for it is not a Treaty of nude and absolute Guaranty, contra quoscunque, but a specific Treaty of Aid and Succour, (ipsi Reginse opitulaturos ad pugnandum pro jure Successionis ad Coronam, ) promised to the Queen herself, and after her death to her lawful heirs, under circumstances specified either of Foreign war, or of Civil tumult. The Treaty concluded in London84 on the 7th May, 1832, between France, Great Britain, and Russia on one part, and Bavaria on the other part, provides that Greece, under the Sovereignty of Prince Otho, and under the Guaramty of the three Courts, should form a Monarchical and Independent State. It is obvious, that such a Guaranty cannot be construed as a Guaranty to King Otho against a Rebellion of his Subjects, but only as a Guaranty of the Independence of his Throne; which is a matter strictly within the province of an International Guaranty. 232. Treaties of Neutrality are Treaties under Treaties of which either the absolute Neutrality of a Nation is eutra 'ty' agreed upon, or particular acts of Neutrality on its part are covenanted for. The Swiss Confederation, and the Kingdom of Belgium are States, of which the absolute Neutrality is made a matter of Treatystipulation between all the Great Powers of Europe. Accordingly, no State is entitled to demand of either of these States under the General Law of Nations, that it should allow a free passage to its troops for belligerent purposes through its Territory. In the case of Nations which have agreed to observe par84 Martens, N. Recueil, X. p. 550. ticular acts of Neutrality, such obli...

Author : Bob Joseph
Publisher : Indigenous Relations Press
Page : 160 pages
File Size : 45,8 Mb
Release : 2018-04-10
Category : Electronic
ISBN : 0995266522

Get Book

21 Things You May Not Know about the Indian Act by Bob Joseph Pdf

Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.

Author : Alice Teichova,Herbert Matis
Publisher : Cambridge University Press
Page : 478 pages
File Size : 49,8 Mb
Release : 2003-05-08
Category : History
ISBN : 1139435566

Get Book

Nation, State and the Economy in History by Alice Teichova,Herbert Matis Pdf

Originally published in 2003, this book addresses the rarely explored subject of the reciprocal relationships between nationalism, nation and state-building, and economic change. Analysis of the economic element in the building of nations and states cannot be confined to Europe, and therefore these diverse yet interlinked case-studies cover all continents. Authors come to contrasting conclusions, some regarding the economic factor as central, while others show that nation-states came into being before the constitution of a national market. The essays leave no doubt that the nation-state is an historical phenonemon and as such is liable to 'expiry' both through the process of globalisation and through the development of a 'cyber-society' which evades state control. By contrast, developments in southeastern Europe, the former USSR, and parts of Africa and the Far East show that building the nation-state has not run its course.

Author : L. Khan
Publisher : Springer
Page : 264 pages
File Size : 54,5 Mb
Release : 1996-02-14
Category : Law
ISBN : UOM:39015037803213

Get Book

The Extinction of Nation-States:A World Without Borders by L. Khan Pdf

This work explores whether the nation-state is a useful concept under contemporary international law. It begins with an analysis of Grotius's masterpiece The Law of War and Peace, tracing the historical development of the nation-state. It then argues that due to increased interdependence among the peoples of the world, the nation-state has become dysfunctional in serving the needs of global life. Emphasizing a world without borders, the book offers the concept of the Free State that allows the free movement of goods, services, capital, information and the peoples of the world. International legal scholars, diplomats, policy makers and foreign affairs experts will find this book particularly interesting.