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The Rights Of War And Peace

Author: Richard Tuck
Publisher: OUP Oxford
ISBN: 0191037427
Size: 73.74 MB
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The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

Thalassokratographie

Author: Hans Kopp
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311057182X
Size: 12.66 MB
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So vielfältig die spätere Rezeption antiker Seeherrschaft auch war, ist sie bislang doch nicht Gegenstand einer umfassenden Untersuchung geworden. Es zeichnet die griechisch-römische Antike aus, dass sie nicht nur reale Anläufe zur Erringung von Seeherrschaft kannte, sondern auch ein Reservoir an Bildern, Narrativen und Semantiken maritimer Macht entwickelte, das in späteren Zeiten genutzt werden konnte, um Auseinandersetzungen mit zeitgenössischer Seeherrschaft zu entwickeln. Insbesondere am Beginn der Neuzeit, als die Wiederentdeckung antiken Wissens mit einer Maritimisierung von Politik und Lebenswelt zusammenfiel, kam es zu einer intensiven Rezeption der Ausdrucksformen antiker Seeherrschaft. Doch auch später war diese immer wieder das Objekt von Um- und Neuinterpretationen, die helfen sollten, die jeweils eigene Gegenwart und teils auch die Zukunft zu deuten. Anhand ausgewählter Beispiele von bereits antiken Verarbeitungen bis zum modernen Science-Fiction-Roman wird in diesem Band ersichtlich, wie sich Konzepte und Bilder von Seeherrschaft immer wieder neu im Dialog mit der Antike entwickelten und wie Vorstellungen antiker Seeherrschaft so nicht nur rezipiert, sondern auch transformiert wurden.

States Of War

Author: David William Bates
Publisher: Columbia University Press
ISBN: 0231528663
Size: 58.83 MB
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We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

Beyond The Anarchical Society

Author: Edward Keene
Publisher: Cambridge University Press
ISBN: 9780521008013
Size: 58.75 MB
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Keene argues that international relations beyond the West were influenced by colonialism not international law.

System Order And International Law

Author: Stefan Kadelbach
Publisher: Oxford University Press
ISBN: 019108106X
Size: 53.46 MB
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Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future.

Encyclopedia Of Global Justice

Author: Deen K. Chatterjee
Publisher: Springer Science & Business Media
ISBN: 1402091591
Size: 18.22 MB
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This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas.

The Mightie Frame

Author: Nicholas Greenwood Onuf
Publisher: Oxford University Press
ISBN: 0190879815
Size: 52.97 MB
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Inspired by Michel Foucault's The Order of Things, this book tells a story about epochal change in the modern world. Like Foucault, Nicholas Onuf is concerned with how we moderns think about ourselves and our world, but in this book he emphasizes the conceptual links in the ways we think, talk, get things done, conduct ourselves, and run societies, from age to age. As with his previous work, Onuf emphasizes the "rules for rule" that have solidified over time through repeated behaviors that work themselves out into a system of social uniformity and hierarchy. Rules set out who is a member of society, establish goals, provide opportunities to act, and dictate who sits on top -- in other words, what any political society looks like in a particular time and place. This book looks at the political society that has evolved since the Renaissance, or what might be called "the modern world," in order to consider what is yet to come. Onuf argues that modernity, although consisting of a succession of epochs or ages separated by great ruptures, has continued to change within the confines of a "mightie frame" (a turn of phrase he borrows from John Milton). Epoch by epoch, this frame has linked the limits of our knowledge, à la Michel Foucault, to conditions of rule, and it points to a plausible ethics for what comes next. But unlike Foucault, Onuf argues that modernism marked an end to societal and political transitions, and that we have entered a period during which established conditions of rule are likely to be reinforced -- and the mighty frame will grow ever mightier.

Rousseau And Hobbes

Author: Robin Douglass
Publisher: OUP Oxford
ISBN: 0191038032
Size: 37.87 MB
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Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.

On Global Justice

Author: Mathias Risse
Publisher: Princeton University Press
ISBN: 1400845505
Size: 23.78 MB
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Debates about global justice have traditionally fallen into two camps. Statists believe that principles of justice can only be held among those who share a state. Those who fall outside this realm are merely owed charity. Cosmopolitans, on the other hand, believe that justice applies equally among all human beings. On Global Justice shifts the terms of this debate and shows how both views are unsatisfactory. Stressing humanity's collective ownership of the earth, Mathias Risse offers a new theory of global distributive justice--what he calls pluralist internationalism--where in different contexts, different principles of justice apply. Arguing that statists and cosmopolitans seek overarching answers to problems that vary too widely for one single justice relationship, Risse explores who should have how much of what we all need and care about, ranging from income and rights to spaces and resources of the earth. He acknowledges that especially demanding redistributive principles apply among those who share a country, but those who share a country also have obligations of justice to those who do not because of a universal humanity, common political and economic orders, and a linked global trading system. Risse's inquiries about ownership of the earth give insights into immigration, obligations to future generations, and obligations arising from climate change. He considers issues such as fairness in trade, responsibilities of the WTO, intellectual property rights, labor rights, whether there ought to be states at all, and global inequality, and he develops a new foundational theory of human rights.