[PDF] Rules Norms And Decisions eBook

Author : Friedrich V. Kratochwil
Publisher : Cambridge University Press
Page : 332 pages
File Size : 37,34 MB
Release : 1991-04-26
Category : Law
ISBN : 9780521409711

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This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

Author : Friedrich Kratochwil
Publisher : Cambridge University Press
Page : 329 pages
File Size : 29,52 MB
Release : 2014-03-13
Category : Political Science
ISBN : 1139867814

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Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries and address important issues in both international relations and international law, including deformalization, fragmentation, the role of legal pluralism, the emergence of autonomous autopoietic systems and the appearance of non-territorial forms of empire. He argues that the pretensions of a positivist theory in social science and of positivism in law are inappropriate for understanding practical problems and formulates an approach for the analysis of praxis based on constructivism and pragmatism.

Author : Gary Goertz
Publisher : Rowman & Littlefield
Page : 284 pages
File Size : 50,93 MB
Release : 2003
Category : Education
ISBN : 9780742525900

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This book presents a punctuated equilibrium framework for understanding the nature of policy decision-making by governments as well as a theory of the creation, functioning, and evolution of international norms and institutions.

Author : Anne Orford
Publisher : Oxford University Press
Page : 1094 pages
File Size : 45,82 MB
Release : 2016-09-22
Category : Law
ISBN : 0191005568

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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Author : Frederick Schauer
Publisher : Clarendon Press
Page : 272 pages
File Size : 46,35 MB
Release : 1991-08-22
Category : Law
ISBN : 0191018740

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This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Author : Joseph Raz
Publisher :
Page : 220 pages
File Size : 17,6 MB
Release : 1975
Category : Law
ISBN : 9780691078519

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Essential for scholars in moral, legal, and political philosophy, this book makes possible a more fundamental analysis of rules than has been previously attempted, by introducing the novel notion of second order reasons. The author applies this new analytic framework to such normative concepts as decisions, commands, authority, and supererogation, and shows that these concepts are similarly explicable in terms of reasons of different levels. Finally, the analysis of rules serves as the basis for an examination of various forms of normative systems--especially games and legal systems.

Author : Letizia Lo Giacco
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 49,18 MB
Release : 2022-10-20
Category : Law
ISBN : 1509948961

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This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

Author : Joseph Raz
Publisher : OUP Oxford
Page : 220 pages
File Size : 22,29 MB
Release : 1999-09-09
Category : Philosophy
ISBN : 0191018589

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Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.

Author : Valentin Jeutner
Publisher : Oxford University Press
Page : 209 pages
File Size : 45,50 MB
Release : 2017
Category : Law
ISBN : 0198808372

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Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.