International law as social construct : the struggle for global justice
著者
書誌事項
International law as social construct : the struggle for global justice
Oxford University Press, 2012
大学図書館所蔵 全23件
注記
Includes bibliographical references (p. [498]-543) and indexes
内容説明・目次
内容説明
The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is
crucial to our understanding of international law and to the struggle to create better working rules.
The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and
hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is
extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
目次
- INTRODUCTION
- PART I - LAW AS SOCIAL CONSTRUCT
- PART II - THE CONSTRUCTION OF INTERNATIONAL LAW
- EPILOGUE
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