Philosophy of law is concerned with questions about the nature of law and concepts that structure law. It also deals with questions regarding the authority of the law and the role of law in society. Philosophy of law can be divided in several categories, such as analytical jurisprudence, normative jurisprudence, critical theories of law, sociological jurisprudence, theories of justice, natural law, legal positivism, and legal realism. The notions legal theory and jurisprudence are often used as a synonym for philosophy of law or its sub-disciplines.
This Research Guide is intended as a starting point for research on Philosophy of Law. It provides the basic materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 18. Philosophy of Law and Natural Law and subject heading (keyword) Philosophy of Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.
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A philosophical exploration of what obligates countries to obey international law, this groundbreaking study argues that a shared respect for human rights is what ultimately binds diverse nations to each other. Why should sovereign states obey international law? In this groundbreaking study, Fernando Tesón, both a lawyer and a philosopher, argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy,Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights. }Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other?
Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesn, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law.
Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the postCold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power
Fernando R. Tesón, 1998This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. The articles in this anthology are a natural addition to the superb set of original essays in A Companion to the Philosophy of Law and Legal Theory. Taken together, these two volumes provide a compelling overview of the best work in contemporary legal theory and are essential reading for beginning law students.
Dennis Patterson (ed.), 2003International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume’s overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be ‘democratic’, and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its ‘dialogical’ methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Samantha Besson and John Tasioulas (eds.), 2010The Obama Administration is in favor of human embryonic stem cell research. Further research alongside other kinds of stem cell experimentation is vital to science and further medical study. It could help us understand the process of cell transformation and how diseases such as diabetes and blindness could be treated. James Sherley, an MIT scientist, and several other scientists however oppose to human embryonic stem cell research. They filed a case against the decision of the Obama administration to federally fund embryonic stem cell use research. The Federal District Court for the District of Columbia ruled that the federal funding of stem cell research breaks law protecting human embryos.
Read moreDan Piraro – Bizarro
Animals are treated in an ambivalent way. On the one hand we look at them as adorable animals, which we keep as pets, or which we love and admire from a distance, in a wildlife reserve or behind glass in the zoo. Most pets are loved by their owners – [...]
The Structure and Process of International Law : Essays in Legal Philosophy, Doctrine, and Theory / , 1983
The Philosophy of International Law / , 2010
Philosophy of Law and Legal Theory : an Anthology / , 2003
Philosophy of law / , 2008
Philosophy of International Law / , 2007
Readings in the Philosophy of Law / , 2010
