International Law As Social Construct

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International Law as Social Construct

Author : Carlo Focarelli
Publisher : OUP Oxford
ISBN 13 : 0191632198
Total Pages : 632 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law as Social Construct by : Carlo Focarelli

Download or read book International Law as Social Construct written by Carlo Focarelli and published by OUP Oxford. This book was released on 2012-05-24 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law As Social Construct

Author : Clinton Hart
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781548570378
Total Pages : 360 pages
Book Rating : 4.5/5 (73 download)

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Book Synopsis International Law As Social Construct by : Clinton Hart

Download or read book International Law As Social Construct written by Clinton Hart and published by Createspace Independent Publishing Platform. This book was released on 2017-05-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law as Social Construct

Author : Carlo Focarelli
Publisher : OUP Oxford
ISBN 13 : 9780199584833
Total Pages : 0 pages
Book Rating : 4.5/5 (848 download)

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Book Synopsis International Law as Social Construct by : Carlo Focarelli

Download or read book International Law as Social Construct written by Carlo Focarelli and published by OUP Oxford. This book was released on 2012-05-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Social Construction of Law

Author : Michael Giudice
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103221
Total Pages : 160 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Social Construction of Law by : Michael Giudice

Download or read book Social Construction of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and the Social Sciences

Author : Wesley L. Gould
Publisher : Princeton University Press
ISBN 13 : 1400872278
Total Pages : 359 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis International Law and the Social Sciences by : Wesley L. Gould

Download or read book International Law and the Social Sciences written by Wesley L. Gould and published by Princeton University Press. This book was released on 2015-03-08 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Socializing States

Author : Ryan Goodman
Publisher : Oxford University Press
ISBN 13 : 0190203250
Total Pages : 256 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Socializing States by : Ryan Goodman

Download or read book Socializing States written by Ryan Goodman and published by Oxford University Press. This book was released on 2013-09-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

International Law and Time

Author : Klara Polackova Van der Ploeg
Publisher : Springer Nature
ISBN 13 : 3031094654
Total Pages : 471 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis International Law and Time by : Klara Polackova Van der Ploeg

Download or read book International Law and Time written by Klara Polackova Van der Ploeg and published by Springer Nature. This book was released on 2022-12-16 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.

International Law's Invisible Frames

Author : Andrea Bianchi
Publisher : Oxford University Press
ISBN 13 : 0192663291
Total Pages : 336 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis International Law's Invisible Frames by : Andrea Bianchi

Download or read book International Law's Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021-09-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

The Concept of Security in International Law

Author : Hitoshi Nasu
Publisher : West Point Press
ISBN 13 : 1959631012
Total Pages : 308 pages
Book Rating : 4.9/5 (596 download)

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Book Synopsis The Concept of Security in International Law by : Hitoshi Nasu

Download or read book The Concept of Security in International Law written by Hitoshi Nasu and published by West Point Press. This book was released on 2022-12-23 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.

The Democratic Legitimacy of International Law

Author : Steven Wheatley
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315860
Total Pages : 424 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Democratic Legitimacy of International Law by : Steven Wheatley

Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Bloomsbury Publishing. This book was released on 2010-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.

International Law of Human Rights

Author : MichaelK. Addo
Publisher : Routledge
ISBN 13 : 1351562266
Total Pages : 733 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Law of Human Rights by : MichaelK. Addo

Download or read book International Law of Human Rights written by MichaelK. Addo and published by Routledge. This book was released on 2017-07-05 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.

A Landscape of Contemporary Theories of International Law

Author : Emmanuel Roucounas
Publisher : BRILL
ISBN 13 : 9004385363
Total Pages : 731 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas

Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

Conceptual (Re)Constructions of International Law

Author : Kostiantyn Gorobets
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373007
Total Pages : 261 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Conceptual (Re)Constructions of International Law by : Kostiantyn Gorobets

Download or read book Conceptual (Re)Constructions of International Law written by Kostiantyn Gorobets and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.

International Law from Below

Author : Balakrishnan Rajagopal
Publisher : Cambridge University Press
ISBN 13 : 1139438239
Total Pages : 363 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Law from Below by : Balakrishnan Rajagopal

Download or read book International Law from Below written by Balakrishnan Rajagopal and published by Cambridge University Press. This book was released on 2003-11-06 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

A Social Theory of International Law

Author : Kazuko Hirose Kawaguchi
Publisher : Springer Science & Business Media
ISBN 13 : 9401749787
Total Pages : 331 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis A Social Theory of International Law by : Kazuko Hirose Kawaguchi

Download or read book A Social Theory of International Law written by Kazuko Hirose Kawaguchi and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability to shape one's own destiny-to make decisions on the basis of one's own ideals and goals-is a uniquely human characteristic. It is shared by the groups that human beings fonn-peoples, nations, and other communities--each bound by a common destiny. The very existence of different individuals and groups that have this characteristic virtually guarantees that there will be conflicts among them. And yet it is also human to want to find common ground with others. When individuals or groups emphasize their differences, the result is conflict; when they find common ground, cooperation becomes possible. However, even when it appears that cooperative efforts have resolved the sources of conflict, not all conflict will disappear. Conflict is a natural part of all human interaction. Both conflict and cooperation exist simultaneously. All social phenomena can ultimately be reduced to the question of how these two human characteristics are reconciled and allowed to coexist on the same plane.

Constructing Sovereignty between Politics and Law

Author : Tanja E. Aalberts
Publisher : Routledge
ISBN 13 : 1136324194
Total Pages : 234 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Constructing Sovereignty between Politics and Law by : Tanja E. Aalberts

Download or read book Constructing Sovereignty between Politics and Law written by Tanja E. Aalberts and published by Routledge. This book was released on 2012-08-06 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary approach that combines international relations and international law. This book traces the consequences of this origin for the conceptualization of sovereign statehood in modern academic discourse, drawing on key jurisprudence and international treaties, and provides a new framework to consider the international significance of sovereignty. As an innovative approach to a critical institution, Constructing Sovereignty between Politics and Law will be of interest to students and scholars of international relations, international relations theory and international law.

The Misery of International Law

Author : John Linarelli
Publisher : Oxford University Press
ISBN 13 : 0198753950
Total Pages : 337 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Misery of International Law by : John Linarelli

Download or read book The Misery of International Law written by John Linarelli and published by Oxford University Press. This book was released on 2018 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.