Download A Philosophy Of International Law (New Perspectives on Law, by Fernando Teson PDF

By Fernando Teson

Why should still sovereign states obey overseas legislation? What compels them to owe allegiance to the next algorithm whilst every one nation is its personal legislation of the land? what's the foundation in their tasks to one another? traditional knowledge means that international locations are too assorted from each other culturally to stick to legislation out of mere loyalty to one another or a collection of shared ethical values. definitely, the present view holds, international locations act easily out of self-interest, and so they finally consent to norms of foreign legislations to manage issues of universal interest.In this groundbreaking booklet, Fernando Tesón is going by contrast triumphing idea by means of arguing, within the Kantian culture, shared recognize for person human rights underpins not only the duty nations suppose to persist with overseas legislations but in addition overseas legislation themselves or even the very legitimacy of countries within the eyes of the overseas group. Tesón, either a legal professional and a thinker, proposes that an overlapping recognize for human rights has created an ethical universal floor one of the international locations of the area; and furthermore, that such an outlook is the one one who is rationally defensible. it's this universal set of values instead of self-interest that finally presents legitimacy to overseas legislation. utilizing the instruments of ethical philosophy, Tesón analyzes the options of sovereignty, intervention, and nationwide curiosity; the contributions of social touch idea, video game idea, and feminist idea; and the puzzles of self-determination and team rights.More than just outlining his thought, Tesón is going directly to provide distinct examples of foreign legislation, overseas associations, and their human rights foundations, placing his principles to paintings and addressing felony reforms known as for by means of the speculation. He means that treaties, for instance, may be thought of binding if, and provided that, the consent to the treaty was once given via a surely consultant govt, person who acts out of curiosity for the human rights of its voters. even if the theoretical success of this e-book is to problem got knowledge at the beginning of foreign legislation, the sensible ambition is a choice to reform the foreign felony method for the post–Cold warfare period, to replacement for the previous order one who provides primacy to human dignity and freedom over country energy.

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Additional resources for A Philosophy Of International Law (New Perspectives on Law, Culture & Society)

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If a morally justified international law is the result of such a liberal alliance, what is the legal stabs af tihose s&tes that are not liberal demoaacies? First, enb are outlaws. However, they are not oubide the law of ncations. Like domestic crixnhals, they srre still bound by elernenw prhciples, such as the mles that prohibit crhes of aggession and wrar crhes. ''' Second, a liberal &eow of htemat seeks to protect individuals. nerekre, actions, even by legithate nts, that violak the ri&ts of ical sutes we prohibited.

Cf. 29, 251-257 (1921) (mguing that one should avoid intepre~tiono f b t ' s s ~ t i n gas s maely providing formal elements of moral theory). See also Jeffrie G. Murphy, Rant: The Philosophy ofRight 6&86 (1970) (agufng that Kmt's moral point of view is not stridly %mal but conlitins ends, puvoses, and values); Onora OWeilI, Acting on PrincQte: An E s s q on Kantian Ethies 5%93 (1975) (discussing practical application of c;ilegafical imperative), For a defense of the Rawlsian reading of Kmt, see h o l d I.

29. The second version of the ceztegorical imperative i s not just a logical equivalent of the fim. bther, it adds substmce to the fomal requirements for moral judpent. Cf. 29, 251-257 (1921) (mguing that one should avoid intepre~tiono f b t ' s s ~ t i n gas s maely providing formal elements of moral theory). See also Jeffrie G. Murphy, Rant: The Philosophy ofRight 6&86 (1970) (agufng that Kmt's moral point of view is not stridly %mal but conlitins ends, puvoses, and values); Onora OWeilI, Acting on PrincQte: An E s s q on Kantian Ethies 5%93 (1975) (discussing practical application of c;ilegafical imperative), For a defense of the Rawlsian reading of Kmt, see h o l d I.

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