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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Human Dignity and the Foundations of International Law (eBook)


ISBN13: 9781847318060
Published: June 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law.

In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy.

The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Subjects:
Public International Law, eBooks
Contents:
Introduction
1. Philosophical Problems for International Lawyers
Conceptions of International Law in Space and Time
Scepticism in the Philosophy of International Law
Theory and Practice
Conclusion
2. The Methodological Problem
The Methodological Problem in Legal Science
The Methodological Problem
Is International Law Racist?
The Ontological Problem
Conceptual Analysis and Focal Analysis
Conceptual Analysis
Focal Analysis
Conceptual Analysis, Focal Analysis and the Raw Data
The Legal Scientist
Conclusion
3. The Conceptual Analysis of International Law
Hart's The Concept of Law as a Form of Conceptual Analysis
Legal Positivism
Hart's Concept of Law
Hart's Non-ambitious Concept of Law
Hart's Ambitious Concept of Law
International Law as an Indeterminate Form of Law
Usages and Conventions
The Legal Scientist, the Ordinary Language User and the Legal Official
Law as a Social Practice
Theoretical Values
Law as a Conventional Practice
Paradigm Cases and the Internal Point of View
Conclusion
4. Focal Analysis and Ideal-Types
Purposivity and International Law
Human Dignity and the Purpose of International Law
Normative Positivism and International Law
Focal Analysis and Ideal-Types
Action and Axiology
Ideal-Types
The Ideal-Type and Collective and Institutionalised Social Practices
General Concepts
Weber on International Law
Ideal-Types and Practical Reasonableness
The Concept of International Law Relies upon the General Concept of Law
Purpose and Meaning
Practical Reasonableness and Ideal-Types
Components of the Concept of International Law
5. Practical Reasonableness and Human Dignity
The Idea of Human Dignity
Human Dignity as Empowerment
The Substantive Question
Generic Features of Agency
Distributive and Authoritative Questions
The Authoritative Question
Action and the Generic Features of Agency
The Universalisation of Generic Rights
The Distributive Question
The Concept of International Law
Dignity in the Kingdom of Ends
From the Kingdom of Ends to Positive Law
Conclusion
6. The Logic of the Autonomy Thesis
The Autonomy Thesis
Structure of the Autonomy Thesis
Hobbes' Version of the Autonomy Thesis
Kant's Version of the Autonomy Thesis
Oppenheim's Version of the Autonomy Thesis
Weil's Version of the Autonomy Thesis
Failure of the Autonomy Thesis
Adjudication and Function
Legitimacy as a General Condition for the Success of the Autonomy Thesis
The Autonomy Thesis and International Law
Public Practical Reasons
Practical Reasonableness and the Law
Conclusion
7. Law as a General Concept
The Bare-Autonomy Thesis and the Integrated-Autonomy Thesis
Moral Reasoning and Law
Ideal and Non-ideal Theory
Justification of the Autonomy Thesis
Immorality of the State of Nature
Law as a Community Governed by an Omnilateral Will
Kant's Justification for Law
Enforcement
Justification of the Integrated-Autonomy Thesis
Law Constitutes our Freedom from Dependency
Rousseau's Concept of Law
The General Concept of Law
Conclusion
8. The Foundations of the International Legal Order
A Justification for International Law
Civil Incorporation and the Sovereign State
The State and Civil Incorporation
Sovereignty and Collateral Moral Rights
The State and Agency
International Legal Order
Kant's 'State of War'
Why is the State of War Not-rightful?
The Integrated-Autonomy Thesis and the Sovereignty of International Law
Institutional Design
International Legal Order as a Suprastate System
International Legal Order as an Interstate System
Interstate or Suprastate Institutional Design?
Conclusion
Lauterpacht and the Progressive Interpretation of International Law
Unanswered Questions
9. The Discontinuity Thesis
Alternatives to International Legal Order
Sovereign States are Not Similar, in Relevant Ways, to Human Agents
A Rejection of the Universal State, Not International Legal Order
The Sovereign State Cannot be Considered an Agent
Transgovernmental Law Instead of International Law?
Rejection of International Legal Order
Sovereign States are Not Similar, in Relevant Ways, to Human Beings
Prudence and International Legal Order
The Environment in which Sovereign States Find Themselves is Not Similar in Relevant Ways to the Environment in which Human Beings Find Themselves
Are International Relations Not Unreasonable?
Approximations to International Law
Surrogates, Analogues and Approximations
The Possibility of Perpetual Peace
Conclusion
10. International Legal Order in Ideal and Non-ideal Theory
Ideal Theory
Norm-Creation
Custom
Interpretation
Enforcement
Failure of Interstate Design for Ideal Theory
Non-Ideal Theory
Juridical and Moral Concepts of the State
Institutional Architecture and Norm-Creation
Enforcement
Self-Defence
The Concept of International Law and the Role of the International Lawyer
Conclusion
Bibliography
Index

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
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Non-State Actors in International Law ISBN 9781509917839
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The Contractual Nature of the Optional Clause ISBN 9781509917686
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
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£60.00
International Law and Child Soldiers ISBN 9781509913831
Published January 2017
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£24.99
Complicity in International Criminal Law ISBN 9781509900084
Published October 2016
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Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published October 2016
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Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published August 2016
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Economic Sanctions and International Law ISBN 9781849465908
Published August 2016
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Corruption and Human Rights Law in Africa ISBN 9781509908455
Published July 2016
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
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Security and International Law ISBN 9781849466349
Published April 2016
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Security and International Law (eBook) ISBN 9781782255895
Published April 2016
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
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Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
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£55.00
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
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Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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Non-State Actors in International Law (eBook) ISBN 9781509901869
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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International Law and Child Soldiers (eBook) ISBN 9781782254348
Published December 2014
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International Law and Child Soldiers ISBN 9781849465205
Published December 2014
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Corruption and Human Rights Law in Africa ISBN 9781849466370
Published August 2014
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
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Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
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Promises of States under International Law ISBN 9781849462327
Published January 2012
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Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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£70.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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£30.99
Africa: Mapping New Boundaries in International Law
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Published June 2010
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The Democratic Legitimacy of International Law ISBN 9781841138176
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Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
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Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
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Published March 2008
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Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
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Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
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Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
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Biotechnology and International Law ISBN 9781841136318
Published June 2006
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Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
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Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
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The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
Published March 2003
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