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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... law appears in this series on the “Spirit of the Laws,” and I am grateful to ... law (or, as he called it, the “law of nations”) did not escape his ... domestic legal systems2 but nowhere returned to this elliptical comment made ...
... law. In writing these reflections, I have emphasized what I regard as “canonical” documents of international law: famous cases (whether decided by international or domestic tribunals), significant treaties, important diplomatic ...
... law seems condemned perpetually to do so. Public international law is its own legal system, with unique ways of making and enforcing rules. But because of its sense of separation from municipal or domestic legal systems, international law ...
... 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 ...
... law observance in 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 ...
Содержание
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 |