International Law Theories
Title | International Law Theories PDF eBook |
Author | Andrea Bianchi |
Publisher | Oxford University Press |
Pages | 378 |
Release | 2016-11-10 |
Genre | Law |
ISBN | 0191038229 |
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
General Theory of International Law
Title | General Theory of International Law PDF eBook |
Author | Siegfried Wiessner |
Publisher | Brill Nijhoff |
Pages | 0 |
Release | 2017 |
Genre | International law |
ISBN | 9789004338456 |
This introductory volume to the series of American Classics in International Law is intended to present, put into context, and critically appraise specifically American general theories of and about international law. Those frameworks of ideas include the very concept of international law, its justification, the struggle between formalism and experience, various theories of legitimacy and fairness, the law's effectiveness, empirical analysis, critiques from the margins and the center, and approaches to its improvement. Particular focus is on American Legal Realism, the New Haven School of Jurisprudence, International and Transnational Legal Process, liberal theories of international law, linkages to social sciences, including Law and Economics, Critical Legal Studies, LatCrit, TWAIL, and feminist approaches to the discipline.
Review of General Theory of International Law (Ed. By S. Wiessner).
Title | Review of General Theory of International Law (Ed. By S. Wiessner). PDF eBook |
Author | Carol Castleberry |
Publisher | |
Pages | 5 |
Release | 2019 |
Genre | |
ISBN |
In General Theory of International Law, Siegfried Wiessner presents a selection of specifically American general theories of and about international law, written by the theorists themselves. Included are American Legal Realism, the New Haven School of Jurisprudence, International and Transnational Legal Process, Liberal Theories of International Law, and theories that link to social sciences, including Law and Economics, Critical Legal Studies, LatCrit, TWAIL, and feminist approaches. The range of these works covers the very concept of international law, its justification, the struggle between formalism and experience, various theories of legitimacy and fairness, the law's effectiveness, empirical analysis, critiques from the margins and the center, and approaches to its improvement. Wiessner's Introduction provides context by placing this selection of American theories into historical context, threading together the sequence and interrelation of their development in the midst of contemporaneous political and philosophical movements, and critically appraising them. This book brilliantly elucidates America's prophetic and reformist role in international law theory. This is no surprise in light of Wiessner's description of America's vision of itself as a leader of thought, the star of that “shining city on a hill.” America is the nonconformist, revolutionary, and scrutinizer of what is beneath the façade precisely because of this vision and its quest to determine what roles America should play on the international front.
A Landscape of Contemporary Theories of International Law
Title | A Landscape of Contemporary Theories of International Law PDF eBook |
Author | Emmanuel Roucounas |
Publisher | BRILL |
Pages | 731 |
Release | 2019-09-16 |
Genre | Law |
ISBN | 9004385363 |
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.
General Theory of Law and State
Title | General Theory of Law and State PDF eBook |
Author | Hans Kelsen |
Publisher | Routledge |
Pages | 557 |
Release | 2017-07-05 |
Genre | Law |
ISBN | 1351517996 |
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
General Theory of Law and State
Title | General Theory of Law and State PDF eBook |
Author | Hans Kelsen |
Publisher | The Lawbook Exchange, Ltd. |
Pages | 544 |
Release | 2009 |
Genre | International law |
ISBN | 1584777176 |
Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
How International Law Works
Title | How International Law Works PDF eBook |
Author | Andrew T. Guzman |
Publisher | Oxford University Press |
Pages | 273 |
Release | 2010 |
Genre | Law |
ISBN | 0199739285 |
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.