The Law of Peoples

With "The Idea of Public Reason Revisited"

Author: John Rawls

Publisher: Harvard University Press

ISBN: 9780674005426

Category: Law

Page: 199

View: 1449

This book consists of two parts: the essay "The Idea of Public Reason Revisited," first published in 1997, and "The Law of Peoples," a major reworking of a much shorter article by the same name published in 1993. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. "The Idea of Public Reason Revisited" explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls's most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine--such as that of Kant, or Mill, or Rawls's own "Justice as Fairness," presented in A Theory of Justice (1971). The Law of Peoples extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an "outlaw society," and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions.

Das Recht der Völker

Enthält: "Nochmals: Die Idee der öffentlichen Vernunft"

Author: John Rawls

Publisher: Walter de Gruyter

ISBN: 3110898535

Category: Philosophy

Page: 294

View: 895

Welche Bedingungen lassen Völker gerecht und friedlich zusammenleben? Unter welchen Umständen sind Kriege gerechtfertigt? Welche Leitlinien müssen gegeben sein für Organisationen, die eine gerechte Gesellschaft von Völkern mit gleichen Rechten herzustellen vermögen? In acht Grundsätzen für eine gerechte internationale Ordnung entwickelt der amerikanische Philosoph John Rawls einen hypothetischen "Vertrag der Gesellschaft der Völker". Das jüngste Buch von John Rawls ist nach A Theory of Justice 1971, dt. 1975) und Political Liberalism (1993, dt. 1998) ein weiteres wichtiges Werk des bedeutenden amerikanischen Philosophen. Die Originalausgabe (The Law of Peoples, 1999) hat zu heftigen Kontroversen geführt.

Rawls's Law of Peoples

A Realistic Utopia?

Author: Rex Martin,David A. Reidy

Publisher: John Wiley & Sons

ISBN: 1405157364

Category: Philosophy

Page: 344

View: 4797

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

Statehood and the Law of Self-Determination

Author: D. Rai*c

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041118905

Category: Political Science

Page: 495

View: 4594

Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.

A Law of Peoples for Recognizing States

On Rawls, the Social Contract, and Membership in the International Community

Author: Chris Naticchia

Publisher: Lexington Books

ISBN: 1498526144

Category: Philosophy

Page: 294

View: 1590

This book offers a social contract argument for a theory of international recognition—a normative theory of the criteria that states and international bodies should use to recognize political entities as member states of the international community.

International Law as the Law of Collectives

Toward a Law of People

Author: John R. Morss

Publisher: Routledge

ISBN: 1317114035

Category: Law

Page: 168

View: 3554

This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

An Introduction to the Law of the United Nations

Author: Robert Kolb

Publisher: Bloomsbury Publishing

ISBN: 1847317294

Category: Law

Page: 274

View: 6117

This work aims to fill a gap in the existing legal literature by presenting a compact, concise but nevertheless panoramic view of the law of the United Nations. Today the organisation is at the centre of all multilateral international relations and impossible to avoid. And of course the UN Charter is a foundational document without which modern international law cannot be properly understood. In spite of its importance, this pre-eminent world political organisation is poorly understood by the general public, and the extent and variety of its activities is not widely appreciated. Even lawyers generally possess insufficient knowledge of the way its legal institutions operate. Assessments of the organisation and judgements about its achievements are consequently frequently distorted. This work is aimed especially at remedying these deficiencies in public and legal understanding, but also at presenting the organisation as a coherent system of values and integrated action. Thus the book presents an overarching view of the significance of the UN organisation in general, the history of its origins in the League of Nations, the aims and principles of the Charter, governmental agencies, members of the Organisation, the non-use of violence and collective security, the peaceful settlement of disputes, and the question of amendments to the Charter. This work will be suitable for students of law and international relations, as well as scholars and those interested in the work and organisation of the United Nations.

Elder Brother and the Law of the People

Contemporary Kinship and Cowessess First Nation

Author: Robert Alexander Innes

Publisher: Univ. of Manitoba Press

ISBN: 0887554393

Category: History

Page: 256

View: 6245

In the pre-reserve era, Aboriginal bands in the northern plains were relatively small multicultural communities that actively maintained fluid and inclusive membership through traditional kinship practices. These practices were governed by the Law of the People as described in the traditional stories of Wîsashkêcâhk, or Elder Brother, that outlined social interaction, marriage, adoption, and kinship roles and responsibilities.In Elder Brother and the Law of the People, Robert Innes offers a detailed analysis of the role of Elder Brother stories in historical and contemporary kinship practices in Cowessess First Nation, located in southeastern Saskatchewan. He reveals how these tradition-inspired practices act to undermine legal and scholarly definitions of “Indian” and counter the perception that First Nations people have internalized such classifications. He presents Cowessess’s successful negotiation of the 1996 Treaty Land Agreement and their high inclusion rate of new “Bill-C31s” as evidence of the persistence of historical kinship values and their continuing role as the central unifying factor for band membership.Elder Brother and the Law of the People presents an entirely new way of viewing Aboriginal cultural identity on the northern plains.

Hobbes and the Law of Nature

Author: Perez Zagorin

Publisher: Princeton University Press

ISBN: 0691139806

Category: History

Page: 177

View: 3562

Thomas Hobbes remains one of the most controversial of early modern philosophers, and debates persist about the interpretation of many of his ideas, particularly his views about natural law and natural right. This book argues that these two concepts are the twin foundations of the entire structure of Hobbes's moral and political thought.

Power: Die 48 Gesetze der Macht

Kompaktausgabe

Author: Robert Greene

Publisher: Carl Hanser Verlag GmbH Co KG

ISBN: 3446435530

Category: Political Science

Page: 256

View: 1624

Mit über 200.000 verkauften Exemplaren dominierte „Power – Die 48 Gesetze der Macht“ von Robert Greene monatelang die Bestsellerlisten. Nun erscheint der Klassiker als Kompaktausgabe: knapp, prägnant, unterhaltsam. Wer Macht haben will, darf sich nicht zu lange mit moralischen Skrupeln aufhalten. Wer glaubt, dass ihn die Mechanismen der Macht nicht interessieren müssten, kann morgen ihr Opfer sein. Wer behauptet, dass Macht auch auf sanftem Weg erreichbar ist, verkennt die Wirklichkeit. Dieses Buch ist der Machiavelli des 21. Jahrhunderts, aber auch eine historische und literarische Fundgrube voller Überraschungen.

Introduction To The Law Of Treat

Author: Reuter

Publisher: Routledge

ISBN: 1136162348

Category: Political Science

Page: 314

View: 8597

First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

The Politics of Human Rights

Author: Obrad Savic,Beogradski krug

Publisher: Verso

ISBN: 9781859843734

Category: Political Science

Page: 370

View: 3016

This volume sets out to describe the political and philosophical underpinnings of the idea of human rights by bringing together a collection of original essays by a group of highly distinguished theorists. Recognizing that Western insistence on the universality of the concept of human rights can also function as a diplomatic cover for post-colonial interventions, it insists that the campaign for human rights must take into account the varied social and economic environments in different nation states that affect the ways such demands can be implemented. This campaign is most effective when demonstrating international solidarity with those whose basic rights are jeopardized or denied.

The Laws of the Salian Franks

Author: N.A

Publisher: University of Pennsylvania Press

ISBN: 0812200500

Category: History

Page: 272

View: 7410

Following the collapse of the western Roman Empire, the Franks established in northern Gaul one of the most enduring of the Germanic barbarian kingdoms. They produced a legal code (which they called the Salic law) at approximately the same time that the Visigoths and Burgundians produced theirs, but the Frankish code is the least Romanized and most Germanic of the three. Unlike Roman law, this code does not emphasize marriage and the family, inheritance, gifts, and contracts; rather, Lex Salica is largely devoted to establishing fixed monetary or other penalties for a wide variety of damaging acts such as "killing women and children," "striking a man on the head so that the brain shows," or "skinning a dead horse without the consent of its owner." An important resource for students and scholars of medieval and legal history, made available once again in Katherine Fischer Drew's expert translation, the code contains much information on Frankish judicial procedure. Drew has here rendered into readable English the Pactus Legis Salicae, generally believed to have been issued by the Frankish King Clovis in the early sixth century and modified by his sons and grandson, Childbert I, Chlotar I, and Chilperic I. In addition, she provides a translation of the Lex Salica Karolina, the code as corrected and reissued some three centuries later by Charlemagne.

Rawls

Author: Samuel Freeman

Publisher: Routledge

ISBN: 1134418922

Category: Philosophy

Page: 576

View: 1321

In this superb introduction, Samuel Freeman introduces and assesses the main topics of Rawls' philosophy. Starting with a brief biography and charting the influences on Rawls' early thinking, he goes on to discuss the heart of Rawls's philosophy: his principles of justice and their practical application to society. Subsequent chapters discuss Rawls's theories of liberty, political and economic justice, democratic institutions, goodness as rationality, moral psychology, political liberalism, and international justice and a concluding chapter considers Rawls' legacy. Clearly setting out the ideas in Rawls' masterwork, A Theory of Justice, Samuel Freeman also considers Rawls' other key works, including Political Liberalism and The Law of Peoples. An invaluable introduction to this deeply influential philosopher, Rawls is essential reading for anyone coming to his work for the first time.

The Laws of War

Constraints on Warfare in the Western World

Author: Michael Howard,George J. Andreopoulos,Mark R. Shulman

Publisher: Yale University Press

ISBN: 9780300070620

Category: History

Page: 311

View: 9955

This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.

Recent Developments in the Law of the Sea

Author: Rainer Lagoni,Peter Ehlers,Marian Paschke

Publisher: LIT Verlag Münster

ISBN: 3643109466

Category: Law

Page: 241

View: 832

New developments in the uses of the sea have given rise to new questions in the law of the sea since the beginning of the second millennium, and there are international endeavors to revise certain issues of maritime law. The Seminar, papers of which are collected in this volume, dealt with some examples of these developments. Participants were doctoral candidates of the International Max Planck Research School for Maritime Affairs and students of the University of Hamburg. Addressed are the internationalization of marine natural resources, the audit system of flag State's obligations, rights of land-locked and geographically disadvantaged States in the EEZ, the reform of the European fisheries policy and finally the Rotterdam Rules which are deemed to alter the carrier's obligations in the law of maritime transport. A report of the Seminar's excursion to several maritime institutions in New York City is also included.

Rawls

An Introduction

Author: Sebastiano Maffettone

Publisher: Polity

ISBN: 0745646514

Category: Business & Economics

Page: 388

View: 6762

Rawls: An Introduction is a uniquely comprehensive introduction to the work of the American philosopher John Rawls (1921-2002), who transformed contemporary political philosophy. In the 1950s and 1960s, political philosophy seemed to have reached a dead end characterized by a loose predominance of utilitarian theses. Rawls’s conception of liberalism placed civil liberties and social justice at its core, and his extraordinary influence has only been confirmed by the extent of the criticism he has provoked. The book is divided into three parts which correspond to Rawls’s three major books. The first concentrates on A Theory of Justice (1971) and examines the way in which Rawls’s general vision of social justice is presented. Maffettone also includes here a discussion of some of the most important critiques of Rawls. The second part of the book highlights Political Liberalism (1993-6), with a chapter dedicated to the “passage” from Theory of Justice to Political Liberalism. Finally, the third part provides a discussion of The Law of Peoples (1999). This work is acomprehensive examination of these three major texts by a renowned Rawls scholar and will appeal to all philosophers and social scientists for whom it is essential to understand the key theories of this most influential of political philosophers.

The Catholic Tradition of the Law of Nations

Author: John Eppstein

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584778229

Category: Law

Page: 548

View: 4587

The Catholic Tradition of the Law of Nations is a well-edited collection of annotated documents illustrating the Church's doctrine regarding war and peace and its opinion of such topics as the League of Nations, nationality and minority rights. Valuable for its insights into the history, doctrine and traditions of Catholic thought on international law, it includes important papal writings that are difficult to locate and otherwise unavailable in English. Published for the Carnegie Endowment for International Peace by the Catholic Association for International Peace. Reprint of the sole edition. "Being somewhat familiar with the Catholic tradition and an outspoken advocate of the Catholic conception of international law, the reviewer feels no hesitancy in recommending unreservedly Mr. Eppstein's excellent compendium of The Catholic Tradition of the Law of Nations." --JAMES BROWN SCOTT, Georgetown Law Journal 24 (1935-1936) 1063 JOHN EPPSTEIN [1895-1988] was the author of numerous books on Catholicism and human rights, including Catholics and the Problem of Peace (1925), Code of International Ethics (1953) and The Cult of Revolution of the Church (1974).