Human Dignity And The Foundations Of International Law (studies In International Law)
by Patrick Capps /
2009 / English / PDF
1.2 MB Download
International lawyers have often been interested in the link
between their discipline and the foundational issues of
jurisprudential method, but little that is systematic has been
written on this subject. This book fills the gap by focusing on
issues of concept-formation in legal science in general, as well as
looking at their application to the specific concerns of
international law. In responding to these issues, the author argues
that public international law seeks to establish and
institutionalize a system of authoritative judgment whereby the
conditions by which a community of states can co-exist and
co-operate are ensured. A State, in turn, must be understood as
ultimately deriving legitimacy from the pursuit of the human
dignity of the community it governs, as well as the dignity of
those human beings and States affected by its actions in
international relations. This argument is in line with a long and
now resurgent cosmopolitan tradition in legal and political
philosophy. The book shows how this approach is reflected in
accepted paradigm cases of international law, such as the United
Nations Charter. It then explains how this approach can provide
insights into the theoretical foundations of these accepted
paradigms, including our understanding of the sources of
international law, international legal personality, and the design
of global institutions. "...Capps' writing style is clean,
measured, and written with obvious passion. He engages the reader
in back and forth discussions that stimulate thought-provoking
questions....It can be said with certainty that Human Dignity and
the Foundations of International Law is a comprehensive, well
thought out, and welcome addition to the field of philosophy and
the law." Saskatchewan Law Review 2012, Vol. 75
International lawyers have often been interested in the link
between their discipline and the foundational issues of
jurisprudential method, but little that is systematic has been
written on this subject. This book fills the gap by focusing on
issues of concept-formation in legal science in general, as well as
looking at their application to the specific concerns of
international law. In responding to these issues, the author argues
that public international law seeks to establish and
institutionalize a system of authoritative judgment whereby the
conditions by which a community of states can co-exist and
co-operate are ensured. A State, in turn, must be understood as
ultimately deriving legitimacy from the pursuit of the human
dignity of the community it governs, as well as the dignity of
those human beings and States affected by its actions in
international relations. This argument is in line with a long and
now resurgent cosmopolitan tradition in legal and political
philosophy. The book shows how this approach is reflected in
accepted paradigm cases of international law, such as the United
Nations Charter. It then explains how this approach can provide
insights into the theoretical foundations of these accepted
paradigms, including our understanding of the sources of
international law, international legal personality, and the design
of global institutions. "...Capps' writing style is clean,
measured, and written with obvious passion. He engages the reader
in back and forth discussions that stimulate thought-provoking
questions....It can be said with certainty that Human Dignity and
the Foundations of International Law is a comprehensive, well
thought out, and welcome addition to the field of philosophy and
the law." Saskatchewan Law Review 2012, Vol. 75