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Law without Nations?

Law without Nations?
Author: Jeremy A. Rabkin
Publisher: Princeton University Press
Total Pages: 358
Release: 2009-02-09
Genre: Law
ISBN: 1400826608

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What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.


Law Without Nations?

Law Without Nations?
Author: Jeremy A. Rabkin
Publisher:
Total Pages: 350
Release: 2007
Genre:
ISBN:

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Law without Nations

Law without Nations
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 256
Release: 2010-12-10
Genre: Law
ISBN: 0804777225

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The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.


The Law of Nations

The Law of Nations
Author: Emer de Vattel
Publisher:
Total Pages: 668
Release: 1856
Genre: International law
ISBN:

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One Nation without Law

One Nation without Law
Author: Phil Hotsenpiller
Publisher: Chosen Books
Total Pages: 224
Release: 2017-07-04
Genre: Religion
ISBN: 1493409646

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Dynamic, Practical, Faith-Filled Response to the Evil Rising Around Us It's difficult to hear the growing daily reports of evil in our society without a degree of fear. Seen from a human perspective, things appear hopeless. But as we consider the spiritual perspective of those same events, we can--and will--see what purpose those struggles serve in God's plan. In these pages, pastor and author Phil Hotsenpiller will help you begin to connect the dots between biblical prophecies about lawlessness with current events. As you begin to see God's perspective, you will gain a more confident outlook for the future. God is trying to get our attention, show us how to get past our fears, and help us respond with faith to the evil we see all around us. Regardless of what we see on the news, God is still in control. Here are practical, everyday ways we can move forward with hope and determination to make our world a better place until the return of Jesus Christ.


Law Without Lawyers

Law Without Lawyers
Author: Victor H. Li
Publisher: Routledge
Total Pages: 154
Release: 2019-03-13
Genre: Law
ISBN: 042972635X

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The U.S. has 400,000 lawyers in a society of 200 million people. China, a country with four times that population, has a mere 3,500 lawyers. How do the Chinese achieve law without lawyers? Victor Li, one of the world's leading authorities on Chinese law, explores the way the Chinese and U.S. systems have historically viewed law (and still view it), and the way each system functions in everyday life to shape conduct and control deviance. In a straightforward and highly readable manner, the author examines how these highly divergent societies operate. He writes about historical forces and cultural values that are centuries old—and that are still critical influences in shaping life in modern America and China. In explaining the differences in the tradition and operation of law in these two cultures, Li gives us both an invaluable understanding of Chinese society today and his own appraisal of the strengths and weaknesses of U.S. law, lawyers, and courts.


Law Without Force

Law Without Force
Author: Gerhart Niemeyer
Publisher: Transaction Publishers
Total Pages: 440
Release:
Genre: Political Science
ISBN: 9781412827331

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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.


The Law of Nations and the United States Constitution

The Law of Nations and the United States Constitution
Author: Anthony J. Bellia Jr.
Publisher: Oxford University Press
Total Pages: 224
Release: 2017-03-10
Genre: Law
ISBN: 0190666781

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The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.


Who Controls the Internet?

Who Controls the Internet?
Author: Jack Goldsmith
Publisher: Oxford University Press
Total Pages: 238
Release: 2006-03-17
Genre: Law
ISBN: 9780198034803

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Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.


Bureaucracy in America

Bureaucracy in America
Author: Joseph Postell
Publisher: University of Missouri Press
Total Pages: 416
Release: 2017-07-30
Genre: Political Science
ISBN: 0826273785

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The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.