Author: Susan Longfield Karr Publisher: BRILL ISBN: 9004528458 Category : Law Languages : en Pages : 412
Book Description
This book explores how the fathers of humanist jurisprudence contributed to the emergence of ius gentium as the common law not simply of Europe, but of all mankind, in the early sixteenth century.
Author: Anthony Carty Publisher: Oxford University Press ISBN: 0191649007 Category : Law Languages : en Pages : 550
Book Description
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.
Author: Giuliana Ziccardi Capaldo Publisher: Oxford University Press ISBN: 0190923857 Category : Law Languages : en Pages : 920
Book Description
The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2017 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of International Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Baasiouni. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.
Author: Anne Orford Publisher: Oxford University Press ISBN: 0191005568 Category : Law Languages : en Pages : 1000
Book Description
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Author: Alexander Orakhelashvili Publisher: Edward Elgar Publishing ISBN: 1788116712 Category : Law Languages : en Pages : 512
Book Description
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
Author: Robert Jackson Publisher: OUP Oxford ISBN: 0191037419 Category : Political Science Languages : en Pages : 480
Book Description
The Global Covernant is a ground-breaking work by one of the leading scholars in international relations that rejuvenates the classical international society approach, and brings it into contact with the new era of world politics. It investigates the most important international issues of our time, including peace and security, war and intervention, human rights, failed states, territories and boundaries, and democracy. It draws on a family of closely related disciplines: diplomatic and military history, international legal studies, and international political theory. It addresses basic methodological questions and presents the elements of a human sciences approach to the study of world politics. It contemplates the future of international society in the 21st century. The Global Covenant concludes by justifying the pluralist society of sovereign states as one that respects human diversity and upholds human freedom.
Author: Michael Mooney Publisher: Taylor & Francis ISBN: 1000951219 Category : Language Arts & Disciplines Languages : en Pages : 163
Book Description
If among the many truths of Giambattista Vico's New Science there is one that is deepest, it is the truth that language, mind, and society are but three modes of a common reality. In Vico's term, that reality is the monde civile, the world of man. It is a world of many guises and faces. If reflected in a mirror, those faces would reveal an image of the full array of contemporary arts and sciences, all the disciplines of learning and technique by which, so Vico judged, humanity attains its perfection. Humanity in its perfection, however, is so rare a moment, so delicate and subtle a state, that it is never to be found among the nations of the world -- or is found in so fragile a form that it threatens always to crack and fall to the ground. In the West, a persistent line of thinking that has flourished from time to time holds that language is primary in culture, metaphor a necessity, and jurisprudence our highest achievement. This was the position of Vico, who not only received and cherished the tradition, but looked deeply into it, saw what its principles implied, and so made ready for the great social theorists of the nineteenth century. That is the thesis of this work. After an introductory chapter on Vico himself -- in which his intellectual world and his movements within it are sketched -- the work unfolds in three parts. These parts successively treat rhetoric, pedagogy, and culture, each proceeding from a major Vichian text.
Author: Susan Longfield Karr
Author: Anthony Carty
Author: Donald R. Kelley
Author: Giuliana Ziccardi Capaldo
Author: Khaled Al-Kassimi
Author: Martti Koskenniemi
Author: Anne Orford
Author: Alexander Orakhelashvili
Author: Robert Jackson
Author: Michael Mooney