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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... publicists), whether traditional or contemporary. In almost all of international law discourse over the past half millennium, consideration of the nature of obligation in interstate relations has always been anterior to an explication ...
... publicists have, in a cyclical fashion, returned to the questions of authority and obligation. This is so particularly at times (such as these) of significant doctrinal change in international law rules and profound alterations in the ...
... publicists were starting to consider that the actual experience of state relations was the real basis of obligation in international affairs. This is the positivist tradition, reflected in the works of Alberico Gentili (1552–1608) ...
... publicists emphasized the “necessity of law” as an adjunct of any community (drawing from the maxim ubi societas, ibi jus),17 the difficulty is characterizing international life as an authentic society, with the requisite elements of ...
... publicists tended to mix different explanations for why states obeyed international law. Although theories of sovereignty existed in early modern political thinking (such as that of Jean Bodin), it remained until the early nineteenth ...
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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 |