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Author: Friedrich V. Kratochwil
Publisher: Cambridge University Press
ISBN: 9780521409711
Category : Law
Languages : en
Pages : 332
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Book Description
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author: Friedrich V. Kratochwil
Publisher: Cambridge University Press
ISBN: 9780521409711
Category : Law
Languages : en
Pages : 332
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Book Description
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author: Frederick Schauer
Publisher: Clarendon Press
ISBN: 0191018740
Category : Law
Languages : en
Pages : 596
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Book Description
This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
Author: Anne Orford
Publisher: Oxford University Press
ISBN: 0191005568
Category : Law
Languages : en
Pages : 1094
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Book Description
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
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Book Description
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Author: Philip Pettit
Publisher: Clarendon Press
ISBN: 0191530794
Category : Philosophy
Languages : en
Pages : 428
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Book Description
Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book deals with the rule-following character of thought. The second discusses the many factors to which choice is rationally responsive - and by reference to which choice can be explained - consistently with being under the control of thought. The third examines the implications of this multiple sensitivity for the normative regulation of social affairs. Thus the volume covers a large swathe of territory, ranging from metaphysics to philosophical psychology to the theory of rational regulation. The connections that Pettit makes between these areas are original and illuminating. Each part of the book develops a key theme. The first is that thought succeeds in following rules - and overcomes Wittgenstein's rule-following problem - so far as it is response-dependent; it is a sort of enterprise that is accessible only to creatures like us for whom certain responses are primitive and shared. The second is that while human choice may be sensitive to discursive reasons, as we would expect in a thinking subject, it can at the same time be subject to the control - the virtual control, in the model developed here - of rational self-interest. And the third is that the rational interest of agents in achieving esteem in the eyes of others, and in avoiding disesteem, exercises a virtual form of control that can explain the emergence of norms and various other aspects of social life.
Author: John Peterson
Publisher: Bloomsbury Publishing
ISBN: 1349275077
Category : Political Science
Languages : en
Pages : 352
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Book Description
Based on exhaustive research, this book explains how the European Union makes decisions in seven major policy sectors. Written in a clear, user-friendly style, it brings the EU alive for a student and non-specialist audience. The book's central themes are that informal norms often matter more than formal rules, agency often matters more than structure, and abrupt change often punctuates deadlock. It offers a theoretically-based introduction to the lively, humorous and fascinating politics of a unique experiment in modern governance.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
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Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
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Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author: Friedrich V. Kratochwil
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Oliver Kessler
Publisher: Palgrave MacMillan
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
Based on a symposium celebrating Fritz Kratochwil's life and work at Columbia University, Feb. 14, 2009--Acknowledgments.
