Broken chain of being : James Brown Scott and the origins of modern international law
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Bibliographic Information
Broken chain of being : James Brown Scott and the origins of modern international law
Kluwer Law International, c1998
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Includes bibliographical references (p. 159-194) and index
Description and Table of Contents
Description
Part detective story, part intellectual history of the rise of international law, and part critique, this work offers readers both a fresh perspective on important historical developments in international law and guidance into its future. Understanding the development of international law and its connection to morality contributes to an assessment of the problems and prospects of international law in the late 20th century. Using James Brown Scott, the controversial American international laywer, as a vehicle, the author engages in a probing examination of perspectives on the workings of the legal order centered on the concept of "plenitudinism" - a multi-layered expression of the idea of fullness in the international legal system. This challenging work provides insights about the past, the failings, and the possibilities in international law, particularly in the field of enforcement of human rights.
Table of Contents
Preface. 1. The Self-Imposed Mission. 2. Writers of a Different Age? The Search for Moral Foundation. 3. The Debate on Origins. 4. Scott's View of Positivism. 5. Scott's Undifferentiated View of Scholasticism. 6. The Chain Reforged? The Power and Prevalence of Scott's Plenitudinal Mind Set. 7. Ending Where We Began. Bibliography. Index.
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