The Philosophy of International Law /
The Philosophy of International Law /
edited by Samantha Besson and John Tasioulas
- Oxford, United Kingdom Oxford University Press 2010
- xiv, 611p. : ill. ; 25cm
It includes Index Pages.
Description:
International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law.
The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war.
This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Table of Contents
Introduction, Samantha Besson and John Tasioulas
Part I General Issues in the Philosophy of International law
Section I History of the Philosophy of International Law
1:State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf, Benedict Kingsbury and Benjamin Straumann
2:Immanuel Kant on International Law, Amanda Perreau-Saussine
Section II Legitimacy of International Law
3:The Legitimacy of International Law, Allen Buchanan
4:The Legitimacy of International Law, John Tasioulas
Section III International Democracy
5:Democratic Legitimacy and International Institutions, Thomas Christiano
6:Legitimate International Institutions: A Neo-Republican Perspective, Philip Pettit
Section IV Sources of International Law
7:Theorizing the Sources of International Law, Samantha Besson
8:The Sources of International Law: Some Philosophical Reflections, David Lefkowitz
Section V International Adjudication
9:International Adjudication, Andreas Paulus
10:International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO, Donald Regan
Section VI Sovereignty
11:The Logic of Freedom and Power, Timothy Endicott
12:Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective, Jean Cohen
Section VII International Responsibility
13:International Responsibility, James Crawford and Jeremy Watkins
14:International Responsibility, Liam Murphy
Part II Specific Issues in the Philosophy of International law
Section VIII Human Rights
15:Human Rights without Foundations, Joseph Raz
16:Human Rights and the Autonomy of International Law, James Griffin
17:Human Rights, John Skorupski
Section IX Self-Determination and Minority Rights
18:Minority Rights in Political Philosophy and International Law, Will Kymlicka
19:Two Conception of Self Determination, Jeremy Waldron
Section X International Economic Law
20:The Role of International Law in Reproducing Massive Poverty, Thomas Pogge
21:Global Justice, Poverty and the International Economic Order, Robert Howse and Ruti Teitel
Section XI International Environmental Law
22:Philosophical Issues in International Environmental Law, James Nickel and Daniel Magraw
23:Ethics and International Environmental Law, Roger Crisp
Section XII Laws of War
24:The Laws of War, Jeff McMahan
25:Laws of War, Henry Shue
Section XIII Humanitarian Intervention
26:Humanitarian Intervention, Thomas Franck
27:Humanitarian Militarism?, Danilo Zolo
Section XIV International Criminal Law
28:Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law, David Luban
29:Authority and Responsibility in International Criminal Law, Antony Duff
9780199208579
International law--Philosophy
341.01 BES
It includes Index Pages.
Description:
International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law.
The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war.
This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Table of Contents
Introduction, Samantha Besson and John Tasioulas
Part I General Issues in the Philosophy of International law
Section I History of the Philosophy of International Law
1:State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf, Benedict Kingsbury and Benjamin Straumann
2:Immanuel Kant on International Law, Amanda Perreau-Saussine
Section II Legitimacy of International Law
3:The Legitimacy of International Law, Allen Buchanan
4:The Legitimacy of International Law, John Tasioulas
Section III International Democracy
5:Democratic Legitimacy and International Institutions, Thomas Christiano
6:Legitimate International Institutions: A Neo-Republican Perspective, Philip Pettit
Section IV Sources of International Law
7:Theorizing the Sources of International Law, Samantha Besson
8:The Sources of International Law: Some Philosophical Reflections, David Lefkowitz
Section V International Adjudication
9:International Adjudication, Andreas Paulus
10:International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO, Donald Regan
Section VI Sovereignty
11:The Logic of Freedom and Power, Timothy Endicott
12:Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective, Jean Cohen
Section VII International Responsibility
13:International Responsibility, James Crawford and Jeremy Watkins
14:International Responsibility, Liam Murphy
Part II Specific Issues in the Philosophy of International law
Section VIII Human Rights
15:Human Rights without Foundations, Joseph Raz
16:Human Rights and the Autonomy of International Law, James Griffin
17:Human Rights, John Skorupski
Section IX Self-Determination and Minority Rights
18:Minority Rights in Political Philosophy and International Law, Will Kymlicka
19:Two Conception of Self Determination, Jeremy Waldron
Section X International Economic Law
20:The Role of International Law in Reproducing Massive Poverty, Thomas Pogge
21:Global Justice, Poverty and the International Economic Order, Robert Howse and Ruti Teitel
Section XI International Environmental Law
22:Philosophical Issues in International Environmental Law, James Nickel and Daniel Magraw
23:Ethics and International Environmental Law, Roger Crisp
Section XII Laws of War
24:The Laws of War, Jeff McMahan
25:Laws of War, Henry Shue
Section XIII Humanitarian Intervention
26:Humanitarian Intervention, Thomas Franck
27:Humanitarian Militarism?, Danilo Zolo
Section XIV International Criminal Law
28:Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law, David Luban
29:Authority and Responsibility in International Criminal Law, Antony Duff
9780199208579
International law--Philosophy
341.01 BES