ESIL Interest Group History of International Law

ESIL Interest Group History of International Law
Showing posts with label philosophy of law. Show all posts
Showing posts with label philosophy of law. Show all posts

Thursday, 27 January 2022

BOOK: Vincent BOYER, Promesse tenue. Agir par devoir [Philosophies contemporaines; 11] (Paris: Classiques Garnier, 2021), 394 p. ISBN 9782406100928, € 39

 

(image source: Classiques Garnier)

Book abstract:

Cet ouvrage prend en charge le problème du motif du devoir en philosophie morale et montre qu’une approche, qui part non pas d’une théorie générale du bien moral, mais d’une pratique particulière, celle de la promesse, permet de mieux comprendre ce que signifie agir par devoir.

Read more with the publisher (DOI 10.15122/isbn.978-2-406-10094-2

Friday, 21 August 2020

BOOK: Paul TIEDEMANN, Philosophical Foundation of Human Rights (Cham: Springer, 2020). ISBN 978-3-030-42261-5, 74,89 EUR

 

(Source: Springer)

Springer is publishing a new book on the philosophical foundation of human rights.

ABOUT THE BOOK

This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.

The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.

Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.

More info here

(source: ESCLH Blog)

Friday, 15 November 2019

BOOK: Morten BERGSMO & Emiliano J. BUIS (eds.), Philosophical Foundations of International Criminal Law: Correlating Thinkers (Brussels: TOAEP, 2018), ISBN 978-82-8348-117-4; OPEN ACCESS



We learned of the online publication of an open access book on philosophical foundations of international criminal law.

ABOUT

The 'Publication Series' is the oldest publication series of the Torkel Opsahl Academic EPublisher (TOAEP). Prior to volume No. 30, it was called 'FICHL Publication Series'. Several books in this series originate in academic seminars organised by CILRAP. Unsolicited texts are subjected to peer review. The printed versions of the books are distributed through the normal channels and the e-books are made freely available through this web page (with the indicated persistent URL which you can use in citations as it is permanent). Reviews of books in the Publication Series are available here

Philosophical Foundations of International Criminal Law:Correlating Thinkers
The book can be ordered in hardcover here

More information here
(source: ESCLH Blog)

Monday, 4 March 2019

BOOK: Gustavo GOZZI, Rights and Civilizations : A History and Philosophy of International Law (Cambridge: Cambridge University Press, 2019). ISBN 9781108474238, £ 95.00


(Source: CUP)

Cambridge University Press is publishing a new book on the history of international law (translated from Italian)

ABOUT THE BOOK

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.

  • Proposes a comparison between Western international law and Islamic international law so readers can appreciate the Western-centric character of international law and how to analyze it critically
  • Shows how international law can be analyzed through its anthropological underpinnings, so readers can understand the relation between Western hegemony and the West's representation of the inferiority of 'the other'
  • Highlights the need to embrace a concept of international law that takes the plurality of civilizations into account
ABOUT THE AUTHOR

Gustavo Gozzi is full professor of the History of Political Doctrines and the History of International Law. He is currently Alma Mater Professor in Multiculturalism and Cultural Relativism at the University of Bologna. He is a member of the Advisory Board of the King Abdulaziz Chair for Islamic Studies at the University of Bologna. He has conducted research at the Max Planck Institut für europäische Rechtsgeschichte in Frankfurt am Main and has been visiting professor in Tunis, Istanbul, Tarragona, and Corinth. He is director of the series Democracies, Rights, Constitutions, and has founded a master's programme in International Cooperation on Human Rights and Intercultural Heritage.

TABLE OF CONTENTS

Preface to this English translation
Introduction
Acknowledgements
A note on the contents
Part I. Ius Gentium and the Origins of International Law:
1. The rights of peoples and ius gentium: The origins of the modern age
2. Hugo Grotius and the law of peoples
3. Samuel Pufendorf and Emer de Vattel: Kant's 'miserable comforters'
4. The rights of man and cosmopolitan law: Kantian roots in the current debate on rights
Part II. International Law and Western Civilization:
5. International law and Western civilization
6. International law, peace, and justice: Hans Kelsen's normativism
7. Realist perspectives: historiography, international law, international relations
8. Order and anarchy: the Grotian tradition
Part III. International Law, Islam, and the Third World:
9. The law of peoples and international law
10. Islam and rights: Islamic and Arab charters of the rights of man
11. The Third World and international law
Part IV. Conditions for Peace:
12. The foundation of human rights: an intercultural perspective
13. Parallel worlds: international governance and the (utopian?) principles of international law
Glossary of Arab terms
Index.

More information here
(source: ESCLH Blog)