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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... regarded my charge in writing this book as requiring that I accept international law on its own terms. Indeed, some readers may regard the structure of this book as strange and counterintuitive. Part intellectual history, part ...
... regarded as “positive international morality.”2 This attack on international law has undergone many permutations, most recently with H. L. A. Hart's challenge that international law lacks two features he deemed central to a concept of ...
... regarded as the most intelligible of positivist theories of obligation in international law. Nevertheless, it suffers from many of the same analytic failings as its competitors. Charles Fenwick raised the same kind of chicken-and-egg ...
... regarded international law as being merely “epiphenomenal,” having no real impact at all on state behavior.38 Different forms of skepticism in the international relations discipline—including forms of both descriptive and prescriptive ...
... regarded as the crucial dialectic of international law.43 The ongoing battle between positive and natural bases of obligation and authority in international relations provides a sensible historic narrative of international legal history ...
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 |