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Author: Carlo Focarelli
Publisher: OUP Oxford
ISBN: 0191632198
Category : Law
Languages : en
Pages : 632
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Book Description
The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
Author: Carlo Focarelli
Publisher: OUP Oxford
ISBN: 0191632198
Category : Law
Languages : en
Pages : 632
Get Book Here
Book Description
The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
Author: Clinton Hart
Publisher: Createspace Independent Publishing Platform
ISBN: 9781548570378
Category :
Languages : en
Pages : 360
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Book Description
This book distills and articulates international law as a social construct. It does so by analyzing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules.
Author: Carlo Focarelli
Publisher: OUP Oxford
ISBN: 9780199584833
Category : Law
Languages : en
Pages : 0
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Book Description
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Author: Carlo Focarelli
Publisher: Oxford University Press
ISBN: 0199584834
Category : Law
Languages : en
Pages : 628
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Book Description
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Author: Janina Dill
Publisher: Cambridge University Press
ISBN: 1107056756
Category : History
Languages : en
Pages : 387
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Book Description
Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.
Author: David Polizzi
Publisher: Policy Press
ISBN: 1447327322
Category : Philosophy
Languages : en
Pages : 104
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Book Description
This book situates the social construction of crime and criminal behaviour within the philosophical context of phenomenology and explores how these constructions inform, and justify, the policies employed to address them. It is essential reading for academics and students interested in social theory and theories of criminology.
Author: Thomas J. Biersteker
Publisher: Cambridge University Press
ISBN: 9780521562522
Category : Political Science
Languages : en
Pages : 30
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Book Description
State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1839103221
Category : Law
Languages : en
Pages : 160
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Book Description
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Author: Peter L. Berger
Publisher: Open Road Media
ISBN: 1453215468
Category : Social Science
Languages : en
Pages : 313
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Book Description
A watershed event in the field of sociology, this text introduced “a major breakthrough in the sociology of knowledge and sociological theory generally” (George Simpson, American Sociological Review). In this seminal book, Peter L. Berger and Thomas Luckmann examine how knowledge forms and how it is preserved and altered within a society. Unlike earlier theorists and philosophers, Berger and Luckmann go beyond intellectual history and focus on commonsense, everyday knowledge—the proverbs, morals, values, and beliefs shared among ordinary people. When first published in 1966, this systematic, theoretical treatise introduced the term social construction,effectively creating a new thought and transforming Western philosophy.
Author: Wesley L. Gould
Publisher: Princeton University Press
ISBN: 1400872278
Category : Law
Languages : en
Pages : 359
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Book Description
A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences—showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
