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Law without force : the function of politics in international law / Gerhart Niemeyer ; with a new introduction by Michael Henry.

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Format:: Book
Author/Creator:: Niemeyer, Gerhart, author.
Contributor:: Henry, Michael, writer of foreword.
Series:: Library of conservative thought.; Library of Conservative Thought
Language:: English
Subjects (All):: International law--Political aspects.; International law.; International law--Philosophy.; Sociological jurisprudence.
Physical Description:: 1 online resource (108 pages).
Edition:: 1st ed.
Place of Publication:: London, [England] ; New York, New York : Routledge, 2017.
Summary:: This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.
Contents:: Cover; Half Title; Title Page; Copyright Page; Contents; Introduction to the Transaction Edition; Preface; Acknowledgments; Introduction: The Unreality of International Law and the Unlawfulness of International Reality; The war and the problem of reconstruction; The breakdown of world order outlined; Passing sickness or organic disease?; Where to look for the cause; The difficulties of remedying the situation; Law without force; PART ONE: The Function of Law in International Politics; Historical Introduction: A Genealogy of International law; Political conditions surrounding the birth of international law; Interstate law: Last bequest of Roman universalism; Spiritual world unity and international law; The European solidarity of the Estates; Ius belli ac pacis; I: Law in the Interdynastic Politics of Absolutism; The three aspects of Absolutism in politics; The consolidation of centralized power; The interdynastic function of ius gentium; The theory of international law and the "Third Estate"; II: The role of international law during the period of liberalism and imperialism; The growth of bourgeois world society; Legal formalism in nineteenth century international relations; Peace through law; The function of legal theory in international relations; III: The place of law in the world politics of today; International law and social structure; The end of laissez-faire; The authority of the State in international trade; The disruption of international society; The politicization of social life; The new slogan: Freedom of action for governments; The trend of world politics; The misfitting role of the traditional law of nations; PART TWO: Legal Theory and Political Reality; Sociological Introduction: The Connotations of Politics; Politics and the State.; The elements of organization; The unity of large organizations; Organization is a unit not of men, but of behavior; The specific function of political organization; The specific structure of political organization; The connotations of politics; The extent of political organization in social life; Definitions; IV: Moral Idealism and Political Realism in International Law; Factual and normative approaches in legal theory; The origin of international law as a special discipline; The features of personalistic law; The dualism of subjective reality and objective ideality; The antithesis between international law and international politics; The historical substanceof the international " ideal"; The element of natural law in the theory of positivism; Forms of procedure preferred to norms of justice; The seventeenth century inheritance in our international law; V: The sociological Background of International Law; The humanistic basis of the traditional law of nations; Dualism between public and private interest as a root of international law; The institutional framework of individualism; The decline of individualism; From nationalism to statism, from imperialism to autarky; From Man Independent to Man Coordinate; The organizational orientation of individuals; VI: Making International Law Work; The characteristics of the present system; The untenable position of traditional international law; Wanted: Order in international politics; The end of international law?; Functional approach as a way out; Functional connectedness among states; The way of reconstruction; PART THREE: A Reconstruction of International Law; Philosophical Introduction: The Significance of Function; The crisis in legal theory: The ideal disconnected from the real; The shortcomings of morality as a basis of law.; Overcoming the gulf between the "real" and the "ideal"; The criterion of legal order: function not purpose; Functional structure in social relationships; Functional standards of legal order; Do functional standards represent true values?; "Consumptive" and "constructive" values; Summary of the thesis; Epilogue: The way of ascertaining immanent standards of value; VII: The Notion of The State; The idea of the "society of nations"; The personification of the State; New views of the nature of reality; The formation of functional concepts; The concept of the State in international law; The notion of State territory in international law; The dual aspect of the State's functions; Sovereignty and "Reserved Domain"; International Law as a way of fulfillment of political functions; VIII: The Conception of the Legal Rule; Ius est quod iussum est; Right and might; The legislative will in international law; The assumption of power behind international law; The binding force of legal rules; The revision of the law; The functional conception of legal rules; The disappearance of the problems of revision and obligatory force; Functional law is a facilitating, not a restrictive type of order; The antithesis between legal order and disorder; The role of legal statutes; The function of politics in international law; Funtcional reconstruction; IX: Organization or Orientation; What is to be done?; The federalistic fallacy; The World State; The perpetual demand for international organization; The revision of basic assumptions; The forms of international order; Not organization but orientation; Index.
Notes:: Includes bibliographical references and index.; Description based on print version record.; Description based on publisher supplied metadata and other sources.
ISBN:: 1-351-32063-7; 1-351-32062-9
OCLC:: 1020033303

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Law without force : the function of politics in international law / Gerhart Niemeyer ; with a new introduction by Michael Henry.

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