Consensualism In Principle
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Consensualism In Principle
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Author : Rahul Kumar
language : en
Publisher: Routledge
Release Date : 2013-12-02
Consensualism In Principle written by Rahul Kumar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Philosophy categories.
This book presents and argues for a suitably articulated version of consensualism as a form of Kantian moral theory with an ability to powerfully illuminate the moral intuitions to which Kantian and utilitarian theories have traditionally appealed.
Consensualism In Principle
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Author : Rahul Kumar
language : en
Publisher:
Release Date : 1992
Consensualism In Principle written by Rahul Kumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Consensus (Social sciences) categories.
The Paradox Of Consensualism In International Law
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Author : C.L. Lim
language : en
Publisher: BRILL
Release Date : 2024-01-15
The Paradox Of Consensualism In International Law written by C.L. Lim and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
The Paradox Of Consensualism In International Law
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Author : O. A. Elias
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-01-01
The Paradox Of Consensualism In International Law written by O. A. Elias and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Law categories.
If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question 'What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing 'higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of 'source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question 'What can we do with the international law that we have?', as distinct from the question 'What should we do with international law?'.
The Construction Sources And Implications Of Consensualism In Contract
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Author : Kane Abry
language : en
Publisher: Springer Nature
Release Date : 2023-09-28
The Construction Sources And Implications Of Consensualism In Contract written by Kane Abry and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Consensualism In Principle
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Author : Rahul Kumar
language : en
Publisher: Routledge
Release Date : 2013-12-02
Consensualism In Principle written by Rahul Kumar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Philosophy categories.
This book presents and argues for a suitably articulated version of consensualism as a form of Kantian moral theory with an ability to powerfully illuminate the moral intuitions to which Kantian and utilitarian theories have traditionally appealed.
Iclssee 2022
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Author : Eko Eddya Supriyanto
language : en
Publisher: European Alliance for Innovation
Release Date : 2022-08-08
Iclssee 2022 written by Eko Eddya Supriyanto and has been published by European Alliance for Innovation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-08 with Social Science categories.
This book contains the proceedings of the International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2022) on 16 April 2022 in Indonesia. This conference was held in collaboration between Nusantara Training and Research (NTR) with Borobudur University Jakarta, 17 Agustus 1945 University (UNTAG), and the Research and Development Agency of the Ministry of Home Affairs. The papers from the conference were collected in a proceedings book entitled: Proceedings of The International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2022). The presentation of such a conference covering multi-disciplines will contribute a lot of inspiring inputs and new knowledge on current trending in Law, Social Science, Economics, and Education. Thus, this will contribute to the next young generation's researchers to produce innovative research findings. Hopefully, the scientific attitude and skills through research will promote the development of knowledge generated through research from various scholars in various regions. Finally, we would like to express our greatest gratitude to all the steering committee colleagues for their cooperation in administering and arranging the conference. Hopefully, this seminar and conference will be continued in the coming years with many more insightful articles from inspiring research. We would also like to thank the invited speakers for their invaluable contribution and for sharing their vision in their talks. We hope to meet you again at the next conference of ICLSSEE.
From Apology To Utopia
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Author : Martti Koskenniemi
language : en
Publisher: Cambridge University Press
Release Date : 2006-02-02
From Apology To Utopia written by Martti Koskenniemi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-02 with Law categories.
This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
Beyond Consent
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Author : Relja Radović
language : en
Publisher: BRILL
Release Date : 2021-06-29
Beyond Consent written by Relja Radović and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-29 with Business & Economics categories.
In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.
General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.