International law and ethics after the critical challenge : framing the legal within the post-foundational
著者
書誌事項
International law and ethics after the critical challenge : framing the legal within the post-foundational
(The Erik Castrén Institute monographs on international law and human rights, v. 12)
Martinus Nijhoff Publishers, 2011
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注記
Includes bibliographical references (p. [401]-416) and index
内容説明・目次
内容説明
Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what - if anything - is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must - inevitably - be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a "turn to literature" and a rehabilitation of the ancient notion of rhetoric.
目次
- The Monograph Series
- Foreword
- Acknowledgements Part I Setting the Scene: Chapter I The Scope and Aims of the Book: Introduction
- Some Preliminary Clarifications
- Post-Foundationalism
- Ethics
- Justification and Responsibility
- Aims and Limits
- Chapter II International Law and the Critical Challenge: The Primacy of the Periphery
- The Foundational Contradictions of International Legal Thought
- Liberalism and the Modern Problematic
- The Critical Challenge to International Law
- Chapter III Reactions to the Critical Challenge: Some Preliminary Exclusions
- Modern Reactions
- Instrumental Pragmatism
- Positivism
- Hermeneutics
- Confessions, Dichotomies, and Trends at the Periphery
- Beyond the Critical Challenge
- Part II The Foundations of a Post-Foundational Ethics: Chapter IV A Common Problematic: The Common Problematic
- Nietzsche and the "Sceptical Attitude"
- Ethics in Sartre and Beauvoir
- Camus: A Shift in Focus
- Chapter V Foucault, Ethics and Enlightenment: Power and Freedom
- The Legacy of the Enlightenment
- The Ethics of Self-Creation
- Towards a New Game? Chapter VI Rorty, Epistemology and Literature: The Possibility of Other Narratives
- The Rejection of Epistemology
- The Public, The Private and the "Literary Culture"
- The Limits of the Public/Private Metaphor
- Chapter VII The Foundations of a Post-Foundational Ethics: The Problematic of Ethical Post-Foundationalism
- Two Formal Considerations
- Inclusion/Exclusion
- The Critical Relation
- Arguments to Avoid
- Epistemology
- Fetishism
- Disingenuity
- Argumentation and Literature
- Part III The Turns to Ethics in International Law: Chapter VIII Kratochwil, Rhetoric and Communicative Action: The Turn(s) to Ethics
- Post-foundationalism, Ethics and Norms in Kratochwil
- Argumentation and Rhetoric
- The Normative Dimension of Communicative Action
- Chapter IX Korhonen, Situationality and "The Cave": Facing the Post-Foundational
- From Silence to the Fortress: Tekhne and Phronesis
- The Mysticism of "the Cave"
- A "Retreat" to the Fortress? Chapter X Franck, Democracy and Fairness: Franck and Post-foundationalism
- The Preconditions of Fairness
- Fairness and Democracy
- The Disingenuity of Universality
- Chapter XI Rawls and the Law of Peoples: Rawls' Trajectory
- The New "Original" Position
- Human Rights and Distributive Justice
- Post-Foundationalism and Justification
- Part IV A Shifting Paradigm?: Chapter XII From Contradiction to Aporia: Contradiction and Beyond
- Apology/Utopia and Absurdity/Responsibility
- From Contradiction to Aporia
- Chapter XIII The Recovery of Rhetoric : The Shifting Paradigm
- The Expulsion of Rhetoric
- The Recovery of Rhetoric
- The Limits of the Argumentative Paradigm
- Chapter XIV The Expansion of Rhetoric: On Truth in Literature
- Beyond Argument
- Surface and Enacted Meaning
- Ethics and the Literary Rhetorical Paradigm
- Chapter XV The Rhetoric of Eunomia: Why Eunomia?
- The Structures of Eunomia - An Overview
- The Rhetoric of Eunomia
- Enacted dialectics
- Language
- Voice
- Metaphor
- Technique
- The Mystification of Society
- Eunomia, Philosophy, Literature
- Part V Conclusions: Chapter XVI Framing the Legal Within the Post-Foundational : On the Idea of Frames
- To Recap
- Framing the Legal
- A Metaphorical Suggestion
- Bibliography
- Index.
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