Human Dignity and the Foundations of International Law by Patrick Capps

By Patrick Capps

Foreign legal professionals have frequently been attracted to the hyperlink among their self-discipline and the foundational problems with jurisprudential strategy, yet little that's systematic has been written in this topic. This ebook fills the distance via concentrating on problems with concept-formation in criminal technology in most cases, in addition to taking a look at their software to the categorical matters of foreign legislation. In responding to those matters, the writer argues that public foreign legislations seeks to set up and institutionalize a approach of authoritative judgment wherein the stipulations during which a neighborhood of states can co-exist and co-operate are ensured. A country, in flip, has to be understood as finally deriving legitimacy from the pursuit of the human dignity of the neighborhood it governs, in addition to the honor of these people and States stricken by its activities in diplomacy. This argument is in response to an extended and now resurgent cosmopolitan culture in felony and political philosophy. The ebook exhibits how this procedure is mirrored in authorised paradigm instances of overseas legislations, similar to the United countries constitution. It then explains how this method delivers insights into the theoretical foundations of those permitted paradigms, together with our realizing of the assets of overseas legislation, foreign felony character, and the layout of world associations.

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Because Anghie takes this familiar material and presents it through a very different lens to that offered in traditional accounts, it is a useful way of revealing how and why conceptions of international law vary and to expose the kind of judgments which must be made to provide an answer to the methodological problem. Is International Law Racist? Anghie’s argument is that international law is constitutively racist and is ideologically supportive of the colonial project which European or Western elites have been embarked upon over the last 600 years.

18 Philosophical Problems for International Lawyers This non-cognitivist position in legal theory cannot simply be claimed to be unassailable without being dogmatic. If Williams is saying that this is a thorny philosophical problem then he would be right: there is a real problem with what can be referred to as the multi-significance of language and this is something which will be very seriously addressed in this book. But at a straightforward level, Williams cannot a priori rule out the possibility that language can capture the essence of those collective and institutionalised forms of social activity which are normally called international law.

The point is that Anghie’s interpretation of international law, alongside any other which draws its conclusions from the raw data, has built into it four related judgments. First, there is a judgment of relevance. This judgment requires the theorist to determine, from the totality of social facts that 20 See K Popper, Conjectures and Refutations (London, Routledge, 2000, first published in 1963) and M Hollis, Models of Man (Cambridge, Cambridge University Press, 1977). See also Finnis, above n 5, at 17.

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