Philosophical Foundations Of Private International Law
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Philosophical Foundations Of Private International Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-06-06
Philosophical Foundations Of Private International Law written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-06 with Law categories.
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature. The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
A Study Of The Philosophy Of International Law As Seen In Works Of Latin American Writers
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Author : H.B. Jacobini
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
A Study Of The Philosophy Of International Law As Seen In Works Of Latin American Writers written by H.B. Jacobini and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.
Law At The Vanishing Point
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Author : Professor Aaron Fichtelberg
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Law At The Vanishing Point written by Professor Aaron Fichtelberg and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.
Philosophical Foundations Of Fiduciary Law
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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2014
Philosophical Foundations Of Fiduciary Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.
The Philosophy Of International Law
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Author : Samantha Besson
language : en
Publisher: Oxford University Press
Release Date : 2010-04
The Philosophy Of International Law written by Samantha Besson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04 with Law categories.
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Philosophy Of International Law
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Author : Anthony Carty
language : en
Publisher: Edinburgh University Press
Release Date : 2017-02-03
Philosophy Of International Law written by Anthony Carty and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-03 with Law categories.
Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
Parochialism Cosmopolitanism And The Foundations Of International Law
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Author : Mortimer N. S. Sellers
language : en
Publisher: Cambridge University Press
Release Date : 2012
Parochialism Cosmopolitanism And The Foundations Of International Law written by Mortimer N. S. Sellers 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 2012 with Law categories.
This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.
A Philosophy Of International Law
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Author : Fernando Teson
language : en
Publisher: Routledge
Release Date : 2018-10-08
A Philosophy Of International Law written by Fernando Teson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-08 with Philosophy categories.
Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.
Philosophical Foundations Of Contract Law
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Author : George Letsas
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Philosophical Foundations Of Contract Law written by George Letsas and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Philosophical Foundations Of The Nature Of Law
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Author : Wil Waluchow
language : en
Publisher: Oxford University Press
Release Date : 2013-03-14
Philosophical Foundations Of The Nature Of Law written by Wil Waluchow and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
