Human Dignity and the Foundations of International Law (Studies in International Law)

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9781841133577: Human Dignity and the Foundations of International Law (Studies in International Law)
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International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. This book fills the gap by focusing on issues of concept-formation in legal science in general, as well as looking at their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalize a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A State, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and States affected by its actions in international relations. This argument is in line with a long and now resurgent cosmopolitan tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality, and the design of global institutions. "...Capps' writing style is clean, measured, and written with obvious passion. He engages the reader in back and forth discussions that stimulate thought-provoking questions....It can be said with certainty that Human Dignity and the Foundations of International Law is a comprehensive, well thought out, and welcome addition to the field of philosophy and the law." Saskatchewan Law Review 2012, Vol. 75

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About the Author:

Patrick Capps is a Senior Lecturer in Law at the University of Bristol.

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Patrick Capps captivates the readership with the intriguing notion that the very purpose of law and international law is to achieve the end of human dignity.His argument is logically sound, presented clearly and with painstaking attention to detail. .Capp's writing style is clean, measured, and written with obvious passion. He engages the reader in back and forth discussions that stimulate thought-provoking questions. Philosophically-minded readers will particularly enjoy the in-depth reflections on how the writings of Kant, Hobbes, Weber, and others, fall within Capps' analysis. The argument is logically and persuasively presented, with any and all contradicting views addressed, and philosophical inconsistencies reconciled, before moving on. It can be said with certainty that Human Dignity and the Foundations of International Law is a comprehensive, well thought out, and welcome addition to the field of philosophy and the law. Sonya Lalli Saskatchewan Law Review Volume 75, 2012 Capps masterfully integrates discussion of the work of influential thinkers across the spectrum of poltical philosophy, legal philosophy and international law. Human Dignity and the Foundations of International Law is an ambitious contribution to the theory of international law and the place of 'solidarist' values within the international community. It presents not only an extensively-worked conceptual framework, but also a challenge, - to practitioners of international law Elaine Webster Social and Legal Studies September 2010

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Book Description Bloomsbury Publishing PLC, United Kingdom, 2009. Hardback. Condition: New. New.. Language: English . Brand New Book. International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions. Seller Inventory # AA79781841133577

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