International law as social construct : the struggle for global justice / Carlo Focarelli.

Format:

Book

Author/Creator:

Focarelli, Carlo.

Language:

English

Subjects (All):

Civil rights.

Human rights.

Social rights.

Sovereignty.

Globalization.

Physical Description:

1 online resource (1734 p.)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2012.

Language Note:

English

Summary:

The book distils and articulates international law as a social construct. It does so by analysing 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 ourunderstanding of international law and to the struggle to create better working rules. The book re-conceptualizes both pa

Contents:

Cover Page; Title Page; Copyright Page; Dedication; Preface; Contents; Table of Cases; Table of Treaties and Other Instruments; List of Abbreviations; A. Purpose and Object; B. Outline; Introduction; I. Law as Social Construct; 1. Society; A. The Origins of Law; (1) 'L'union fait la force'; (2) Law as a balance of balances; (3) Defining the 'strong' and the 'collective' will 17; B. The Discernment of Law; (1) Law and power; (2) Law and morality; (3) Criteria for discernment; Conclusion; 2. Myth; A. In Quest of Objectivity; (1) Social construct; (2) Constructing social reality

(3) Mythic foundations(4) Countering objections; (5) The 'reality' of international law; B. The Struggle for Justice; (1) Defining justice; (2) Struggling for law; (3) Progress in law; Conclusion; 3. Reason; A. Theoretical Reason; (1) Deduction; (2) Formal justice; B. Practical Reason; (1) Common sense; (2) Prudence; Conclusion; II. The Construction of International Law; 4. De- and Remythologizing International Law; A. Epistemology; (1) How we know what we know; (2) A method for international law?; (3) The importance of language; B. Doctrines; (1) Naturalism; (2) Positivism; (3) Realism

(4) Axiologism(5) Deconstructionism; (6) Sociologism; (7) Constitutionalism; (8) Administrativism; (9) Third-worldism; C. Communication; (1) Media coverage; (2) Schools of thought; (3) Journals and blogging; (4) Visibility strategies; Conclusion; 5. Players; A. Global Governance; (1) Defining 'global governance'; (2) Public and private authority; (3) Discerning the 'international community'; B. States; (1) The modern European state; (2) Statehood under international law; (3) The states system; (4) Jurisdiction; C. Non-state Players; (1) International organizations (IOs); (2) Individuals

(3) Trans-state players(4) Counter-state players; (5) Sui generis players; D. Disaggregating International Legal Personality; (1) Legal personality in international law; (2) Defining a legal 'persona'; (3) Disaggregating international legal 'personae'; (4) Avoiding manipulation of international personality; Conclusion; 6. Rules; A. Sources of Law; (1) The doctrine of the sources of law; (2) Beyond the sources?; (3) International law as a legal system; B. Law-making; (1) Rules; (2) Lacunae; (3) Conflicts; (4) Change; C. Judicial and Quasi-judicial Decision-making

(1) International adjudication(2) Substantive discretion; (3) Procedural discretion; D. Compliance, Implementation, and Enforcement; (1) Compliance; (2) Domestic implementation; (3) Enforcement; Conclusion; 7. Values; A. Inspiring Values; (1) Security; (2) Humanity; (3) Wealth; (4) Environment; (5) Knowledge; B. Competing Values; (1) Order versus justice; (2) Security versus humanity; (3) Wealth versus humanity; (4) Humanity versus humanity; Conclusion; 8. Remedies; A. Sovereignty as Responsibility; (1) Implications of sovereignty as responsibility 463; (2) Defining responsible sovereignty

B. Collective and Personal Remedies

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [498]-543) and indexes.

Description based on online resource; title from PDF title page (viewed on July 9, 2012).

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174101-9

1-283-58150-7

9786613893956

0-19-163219-8

0-19-163218-X

OCLC:

815391965