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Rules, Norms, and Decisions

Rules, Norms, and Decisions
Author: Friedrich V. Kratochwil
Publisher: Cambridge University Press
Total Pages: 332
Release: 1991-04-26
Genre: 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).


Rules, Norms, and Decisions

Rules, Norms, and Decisions
Author: Friedrich V. Kratochwil
Publisher:
Total Pages: 0
Release: 1991
Genre:
ISBN:

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The Status of Law in World Society

The Status of Law in World Society
Author: Friedrich Kratochwil
Publisher: Cambridge University Press
Total Pages: 329
Release: 2014-03-13
Genre: 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.


International Norms and Decision Making

International Norms and Decision Making
Author: Gary Goertz
Publisher: Rowman & Littlefield
Total Pages: 284
Release: 2003
Genre: 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.


The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law
Author: Anne Orford
Publisher: Oxford University Press
Total Pages: 1094
Release: 2016-09-22
Genre: 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.


Playing by the Rules

Playing by the Rules
Author: Frederick Schauer
Publisher: Clarendon Press
Total Pages: 272
Release: 1991-08-22
Genre: 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.


Judicial Decisions in International Law Argumentation

Judicial Decisions in International Law Argumentation
Author: Letizia Lo Giacco
Publisher: Bloomsbury Publishing
Total Pages: 227
Release: 2022-10-20
Genre: 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.


Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 110712753X

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This book analyzes the theoretical nuances and practical implications of how judges use precedent.


Praxis

Praxis
Author: Friedrich Kratochwil
Publisher: Cambridge University Press
Total Pages: 0
Release: 2022-11-03
Genre: Political Science
ISBN: 9781108457385

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Praxis investigates both the existing practices of international politics and relations during and after the Cold War, and the issue of whether problems of praxis (individual and collective choices) can be subjected to a 'theoretical treatment'. The book comes in two parts: the first deals with the constitution of international relations and the role of theoretical norms in guiding decisions, in areas such as sanctions, the punishment of international crimes, governance and 'constitutional' concern, the second is devoted to 'theory building'. While a 'theorization' of praxis has often been attempted, Kratochwil argues that such endeavours do not attend to certain important elements characteristic of practical choices. Praxis presents a shift from the accepted international relations standard of theorizing, by arguing for the analysis of policy decisions made in non-ideal conditions within a broader framework of practical choices, emphasizing both historicity and contingency.


Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law
Author: Valentin Jeutner
Publisher: Oxford University Press
Total Pages: 209
Release: 2017
Genre: 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.