The Spirit of International LawUniversity of Georgia Press, 25 янв. 2010 г. - Всего страниц: 296 As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. |
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... domestic legal systems2 but nowhere returned to this elliptical comment made in the opening pages of his book. This volume answers Montesquieu's rhetorical challenge and distills the essence of international law as a legal system, its ...
... domestic tribunals), significant treaties, important diplomatic correspondence, serious international incidents, and weighty scholarly commentary. Again, my purpose in discussing these texts is not to knit together a doctrinal review of ...
... domestic legal systems, international law has been criticized as not being law at all. International law still labors under what might be called the Austinian critique and other forms of extreme skepticism. John Austin observed in 1832 ...
... domestic upheaval brought. So was born the notion of sovereignty in the writings of such political theorists as Jean Bodin (writing in his 1576 volume Six Livres de la Republique), Thomas Hobbes, and (later) John Locke and Jean-Jacques ...
... domestic legal systems, were not able to replicate the feat for the law of nations. Although some early publicists emphasized the “necessity of law” as an adjunct of any community (drawing from the maxim ubi societas, ibi jus),17 the ...
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1 | |
27 | |
3 Methods and Approaches | 49 |
4 Subjects and Objects | 79 |
5 Coherence and Sophistication | 94 |
6 Values and Paradoxes | 110 |
7 Confines | 139 |
8 Formalism and Pragmatism | 162 |
9 Enforcement and Compliance | 186 |
10 Rectitude and Ambition | 204 |
11 Skepticism and Exuberance | 221 |
Notes | 227 |
Index | 257 |