Results for 'International law Philosophy'

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  1. If Molinism is true, what can you do?Andrew Law - forthcoming - International Journal for Philosophy of Religion:1-16.
    Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...)
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  2. The Pandora’s box objection to skeptical theism.Stephen Law - 2015 - International Journal for Philosophy of Religion 78 (3):285-299.
    Skeptical theism is a leading response to the evidential argument from evil against the existence of God. Skeptical theists attempt to block the inference from the existence of inscrutable evils to gratuitous evils by insisting that given our cognitive limitations, it wouldn’t be surprising if there were God-justifying reasons we can’t think of. A well-known objection to skeptical theism is that it opens up a skeptical Pandora’s box, generating implausibly wide-ranging forms of skepticism, including skepticism about the external world and (...)
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  3.  61
    Negative theology in Heidegger's beiträge zur philosophie.David R. Law - 2000 - International Journal for Philosophy of Religion 48 (3):139-156.
  4.  9
    Logical Objections to Theism.Stephen Law - 2019 - In Graham Oppy (ed.), A Companion to Atheism and Philosophy. Chichester, UK: Wiley. pp. 167–190.
    This chapter looks at a range of objections to theism that one might class as “logical.” Some of these objections aim to show that theism involves an internal logical contradiction. Others aim to show that theism is at least logically incompatible with other beliefs to which the theist is also typically committed. Also included are objections grounded in the thought that theism is nonsensical or meaningless. The chapter provides both an overview of this broad terrain, including a map of possible (...)
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  5. Mengzi's Reception of Two All-Out Externality Statements on Yì 義.L. K. Gustin Law - forthcoming - Dao: A Journal of Comparative Philosophy.
    In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...)
     
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  6. Evil pleasure is good for you!Iain Law - 2008 - Ethic@ - An International Journal for Moral Philosophy 7 (1):15-23.
    Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...)
     
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  7.  31
    Evil pleasure is good for you!Iain Law - 2010 - Ethic@: An International Journal for Moral Philosophy 7 (1):15–23.
  8. Selected essays on international law, philosophy, science and literature.Myint Zan - 2012 - Yangon: Nay Myo Sarpatheda Literary House.
     
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  9. A Philosophy of International Law.Fernando Teson - 1998 - Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  10.  63
    International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices (...)
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  11. The philosophy of international law.Samantha Besson & John Tasioulas (eds.) - 2010 - New York: Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  12.  5
    Democracy in international law-making: principles from Persian philosophy.Salar Abbasi - 2021 - New York, NY: Routledge.
    This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, (...)
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  13.  4
    Philosophy of International Law.Anthony Carty - 2017 - Edinburgh: Edinburgh University Press.
    Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the (...)
  14. International law in context.Cara Warren - 2022 - Durham, North Carolina: Carolina Academic Press.
    International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...)
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  15.  7
    International Law’ and ‘International Relations’ in Hegel’s Philosophy of Right. 서정혁 - 2021 - Cheolhak-Korean Journal of Philosophy 149:89-112.
    지금까지 헤겔의 『법철학』은 주권 국가 내의 문제들에 한정해서만 주로 다루어져 왔고, ‘국제법’과 ‘국제관계’에 관련해서는 대부분 부정적 관점에서 논의되었다. 그러나 ‘국제법’과 ‘국제관계’에 관한 헤겔의 논의는 긍정적인 관점에서 새롭게 이해될 필요가 있다. 이러한 관점에서 주목해야 할 핵심 내용은 다음과 같다. 첫째, 헤겔은 『법철학』에서 실정적 조약들과 국제법을 분명하게 구분한다. 둘째, 국제법은 국가 간 인정관계를 전제로 하며 이 인정관계는 ‘보편적 당위의 형식적 측면’과 ‘인륜의 내용적 측면’을 필요로 한다. 셋째, 헤겔은 국제관계를 개별 주권 국가들의 대립적이며 적대적인 관계로만 보지 않고, 인륜의 관점에서 그들의 상호 인정과 연대도 (...)
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  16.  16
    'A New Philosophy for International Law' and Dworkin's Political Realism.Eric Scarffe - 2016 - Canadian Journal of Law and Jurisprudence 29 (1).
    During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper (...)
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  17.  12
    Philosophy and International Law: A Critical Introduction.David Lefkowitz - 2020 - Cambridge University Press.
    In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of (...)
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  18. Philosophy and International Law: Reflections on Interdisciplinary Research into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...)
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  19.  7
    Theory and philosophy of international law.Andrea Bianchi (ed.) - 2017 - Cheltenham, UK: Edward Elgar Publishing.
    volume I. Philosophical inquiries and general theoretical concerns -- volume II. The kaleidoscope of different international law theories.
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  20. A New Philosophy for International Law.Ronald Dworkin - 2013 - Philosophy and Public Affairs 41 (1):2-30.
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  21.  37
    A Cosmopolitan Philosophy of International Law? A Realist Approach.Danilo Zolo - 1999 - Ratio Juris 12 (4):429-444.
    Analyzing different works and in particular Habermas' reflection on Kant, the author reconstructs, first, his approach to international law and his political and legal cosmopolitanism. Second, he presents some critical observations on Habermas' cosmopolitanism in the context of his more general discursive theory of law and state. In this perspective, he discusses the problems of peace and of the role of the United Nations, the strategy of protection of human rights, and the question of world citizenship. He argues that (...)
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  22.  42
    The limits of international law.Jack L. Goldsmith - 2007 - New York: Oxford University Press. Edited by Eric A. Posner.
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  23.  39
    International Law and Theories of Global Justice.Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song & James Stewart - unknown
    International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend (...)
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  24. Justice, legitimacy, and self-determination: moral foundations for international law.Allen Buchanan - 2003 - New York: Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  25.  18
    Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations.Charles Covell - 1998 - St. Martin's Press.
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant (...)
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  26.  9
    The sentimental life of international law: literature, language, and longing in world politics.Gerry J. Simpson - 2021 - Oxford: Oxford University Press.
    The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may (...)
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  27.  7
    International law and posthuman theory.Matilda Arvidsson & Emily Jones (eds.) - 2024 - New York, NY: Routledge.
    Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable (...)
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  28.  10
    Space and Fates of International Law: Between Leibniz and Hobbes.Ekaterina Yahyaoui Krivenko - 2020 - New York, NY, USA: Cambridge University Press.
    The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these (...)
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  29. Philosophy of International Law.Allen Buchanan & David Golove - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
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  30. Philosophy of International Law.Allen Buchanan & David Golove - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
     
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  31.  5
    Public international law.Philip Bobbitt - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 103–118.
    This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.
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  32.  5
    International Law and the Possibility of a Just World Order: An Essay on Hegel’s Universalism.Steven V. Hicks (ed.) - 1999 - BRILL.
    This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.
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  33.  60
    Internal laws of probability, generalized likelihoods and Lewis' infinitesimal chances–a response to Adam Elga.Frederik Herzberg - 2007 - British Journal for the Philosophy of Science 58 (1):25-43.
    The rejection of an infinitesimal solution to the zero-fit problem by A. Elga ([2004]) does not seem to appreciate the opportunities provided by the use of internal finitely-additive probability measures. Indeed, internal laws of probability can be used to find a satisfactory infinitesimal answer to many zero-fit problems, not only to the one suggested by Elga, but also to the Markov chain (that is, discrete and memory-less) models of reality. Moreover, the generalization of likelihoods that Elga has in mind is (...)
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  34.  2
    Ideas in conflict: international law and the global war on terror.Eric Engle - 2013 - The Hague, The Netherlands: Eleven International Publishing.
    Contemporary international law. Methodology -- The origin of sovereignty in Roman and medieval law -- The transformation of sovereignty and international law in late modernity -- The transformation of international law by human rights -- The UN convention system and US foreign policy -- IR realism and the positivity of international law -- Containment and disengagement -- Assassination and international law -- Humanitarian intervention and international law -- Lawfare, Wikileaks, and the rule of law.
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  35.  21
    International Law in The Era of Blockchain: Law Semiotics.Koshzhanova Baktygul - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (6):2305-2322.
    Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence (...) law, Yet the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain “went bypass” the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain’ smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger’s hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked. (shrink)
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  36.  31
    Interactional International Law as Theoretical Legal Framework for ASEAN Integration.Jose S. Samson - 2015 - Iamure International Journal of Literature, Philosophy and Religion 7 (1).
    Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of (...)
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  37. Antony Carty, Philosophy of International Law.Lars Vinx - 2009 - Philosophy in Review 29 (3):164.
     
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  38.  40
    The Philosophy of International Law – Edited by Samantha Besson and John Tasioulas.Stephen Eliot Smith - 2011 - Journal of Applied Philosophy 28 (2):221-223.
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  39.  23
    International Law, Institutional Moral Reasoning, and Secession.David Lefkowitz - 2018 - Law and Philosophy 37 (4):385-413.
    This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific (...)
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  40.  15
    The Philosphy of International Law.J. Tasioulas & S. Besson (eds.) - 2010 - New York: Oxford University Press.
    International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. This volume is the ideal guide to the current debates, offering 29 specially commissioned essays by leading philosophers and international lawyers, addressing the central philosophical questions about international law.
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  41.  1
    International law and psychology.Ranyard West - 1974 - Dobbs Ferry, N.Y.,: Oceana Publications. Edited by Ranyard West.
  42.  2
    International law and psychology.Ranyard West - 1974 - Dobbs Ferry, N.Y.,: Oceana Publications. Edited by Ranyard West.
  43.  7
    Theory of international law.Robert Kolb - 2016 - Portland, Oregon: Hart Publishing.
    History and characteristics of International law -- Foundation, sources and structural principles of International law -- The subjects of International law -- Questions of method and the structure of rules in International law -- The 'Lotus Rule' on residual state freedom -- The effectiveness of International law -- International society or International community? -- The relationship between International law and politics -- The relationship of International law with certain cardinal legal notions.
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  44. International Law and its Others.Anne Orford (ed.) - 2006 - Cambridge University Press.
    Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international (...)
     
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  45.  15
    Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law.Felix Ekardt & Anna Hyla - 2017 - Latest Issue of Archiv Fuer Rechts Und Sozialphilosphie 103 (2):221-238.
    This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law which might affect the (...)
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  46.  8
    Irresolvable norm conflicts in international law: the concept of a legal dilemma.Valentin Jeutner - 2017 - New York, NY: Oxford University Press.
    Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or (...)
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  47.  8
    A Study of the Philosophy of International Law as Seen in Works of Latin American Writers.H. B. Jacobini - 1954 - Hyperion Press.
  48.  12
    Decolonising the Curriculum in International Law: Entrapments in Praxis and Critical Thought.Mohsen al Attar & Shaimaa Abdelkarim - 2023 - Law and Critique 34 (1):41-62.
    Calls to decolonise the curriculum gain traction across the academe. To a great extent, the movement echoes demands of the decolonisation era itself, a period from which academics draw both impetus and legitimacy. In this article, we examine the movement’s purchase when applied to the teaching of international law. We argue that the movement reinvigorates debates about the origins of international law, centring its violent foundations as well as its Eurocentric episteme. Yet, like many critical approaches toward (...) law, the movement is smitten with itself and with the regime. As a consequence, the outcome of its activism and critique is predetermined: both must redeem the Eurocentrism of international law and its associated pedagogy. Calls to decolonise the curriculum ultimately validate the epistemological limitations inherent to a stratified, international order, failing to offer a genuine alternative framework or epistemology. (shrink)
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  49.  5
    International Law for a Time of Monsters: ‘White Genocide’, The Limits of Liberal Legalism, and the Reclamation of Utopia.Eric Loefflad - 2022 - Law and Critique 35 (1):191-212.
    For critical legal scholars, the ongoing far-right assault upon the liberal status quo poses a distinct dilemma. On the one hand, the desire to condemn the far-right is overwhelming. On the other hand, such condemnations are susceptible to being appropriated as a validation of the very liberalism that critical theorists have long questioned. In seeking to transcend this dilemma, my focus is on the discourse of ‘white genocide’ — a commonplace belief amongst the far-right/white nationalists that ‘whites’, as a discrete (...)
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  50.  29
    “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law.John Tasioulas - 2021 - Jus Cogens 3 (1):33-50.
    This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function (...)
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