Download or read book Law Beyond the State written by Carmen E. Pavel and published by Oxford University Press. This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Download or read book The Authority of International Law written by Başak Cali and published by Oxford University Press, USA. This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

Download or read book Legal Authority Beyond the State written by Patrick Capps and published by Cambridge University Press. This book was released on 2018-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: These specially commissioned essays by prominent lawyers and philosophers analyse a range of approaches to legal authority beyond the state.

Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Download or read book The Many Hands of the State written by Kimberly J. Morgan and published by Cambridge University Press. This book was released on 2017-02-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state is central to social scientific and historical inquiry today, reflecting its importance in domestic and international affairs. States kill, coerce, fight, torture, and incarcerate, yet they also nurture, protect, educate, redistribute, and invest. It is precisely because of the complexity and wide-ranging impacts of states that research on them has proliferated and diversified. Yet, too many scholars inhabit separate academic silos, and theorizing of states has become dispersed and disjointed. This book aims to bridge some of the many gaps between scholarly endeavors, bringing together scholars from a diverse array of disciplines and perspectives who study states and empires. The book offers not only a sample of cutting-edge research that can serve as models and directions for future work, but an original conceptualization and theorization of states, their origins and evolution, and their effects.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book The Legal Authority of ASEAN as a Security Institution written by Hitoshi Nasu and published by Cambridge University Press. This book was released on 2019-04-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.

Download or read book Security Beyond the State written by Rita Abrahamsen and published by Cambridge University Press. This book was released on 2010-11-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, from mega-cities to isolated resource enclaves, the provision and governance of security takes place within assemblages that are de-territorialized in terms of actors, technologies, norms and discourses. They are embedded in a complex transnational architecture, defying conventional distinctions between public and private, global and local. Drawing on theories of globalization and late modernity, along with insights from criminology, political science and sociology, Security Beyond the State maps the emergence of the global private security sector and develops a novel analytical framework for understanding these global security assemblages. Through in-depth examinations of four African countries – Kenya, Nigeria, Sierra Leone and South Africa – it demonstrates how global security assemblages affect the distribution of social power, the dynamics of state stability, and the operations of the international political economy, with significant implications for who gets secured and how in a global era.

Download or read book Ministers of the Law written by Jean Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2010-10-21 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.

Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Natural Law in Jurisprudence and Politics written by Mark C. Murphy and published by Cambridge University Press. This book was released on 2006-03-13 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Download or read book The Authority of the State written by Leslie Green and published by Oxford University Press, USA. This book was released on 1988 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the nature of authority and the character of the state. It draws on political philosophy, jurisprudence and public choice theory, to explain and evaluate the state's claim to authority over its citizens.

Download or read book Relocating the Rule of Law written by Gianluigi Palombella and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.