International Law As Social Construct: The Struggle For Global Justice
by Carlo Focarelli /
2012 / English / PDF
3.3 MB Download
This book distills and articulates international law as a social
construct. It does so by analyzing 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.
This book distills and articulates international law as a social
construct. It does so by analyzing 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.
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.