Human Dignity and the Foundations of International Law by Patrick Capps (English

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This book considers the link between the discipline of international lawyers and the foundations issues of jurisprudential method.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law.In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy.The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Author Biography

Patrick Capps is a Senior Lecturer in Law at the University of Bristol.

Table of Contents

Introduction1 Philosophical Problems for International LawyersConceptions of International Law in Space and TimeScepticism in the Philosophy of International LawTheory and PracticeConclusion2 The Methodological ProblemThe Methodological Problem in Legal ScienceThe Methodological ProblemIs International Law Racist?The Ontological ProblemConceptual Analysis and Focal AnalysisConceptual AnalysisFocal AnalysisConceptual Analysis, Focal Analysis and the Raw DataThe Legal ScientistConclusion3 The Conceptual Analysis of International LawHart's The Concept of Law as a Form of Conceptual AnalysisLegal PositivismHart's Concept of LawHart's Non-ambitious Concept of LawHart's Ambitious Concept of LawInternational Law as an Indeterminate Form of LawUsages and ConventionsThe Legal Scientist, the Ordinary Language User and the Legal OfficialLaw as a Social PracticeTheoretical ValuesLaw as a Conventional PracticeParadigm Cases and the Internal Point of ViewConclusion4 Focal Analysis and Ideal-TypesPurposivity and International LawHuman Dignity and the Purpose of International LawNormative Positivism and International LawFocal Analysis and Ideal-TypesAction and AxiologyIdeal-TypesThe Ideal-Type and Collective and Institutionalised Social PracticesGeneral ConceptsWeber on International LawIdeal-Types and Practical ReasonablenessThe Concept of International Law Relies upon the General Concept of LawPurpose and MeaningPractical Reasonableness and Ideal-TypesComponents of the Concept of International Law5 Practical Reasonableness and Human DignityThe Idea of Human DignityHuman Dignity as EmpowermentThe Substantive QuestionGeneric Features of AgencyDistributive and Authoritative QuestionsThe Authoritative QuestionAction and the Generic Features of AgencyThe Universalisation of Generic RightsThe Distributive QuestionThe Concept of International LawDignity in the Kingdom of EndsFrom the Kingdom of Ends to Positive LawConclusion6 The Logic of the Autonomy ThesisThe Autonomy ThesisStructure of the Autonomy ThesisHobbes' Version of the Autonomy ThesisKant's Version of the Autonomy ThesisOppenheim's Version of the Autonomy ThesisWeil's Version of the Autonomy ThesisFailure of the Autonomy ThesisAdjudication and FunctionLegitimacy as a General Condition for the Success of the Autonomy ThesisThe Autonomy Thesis and International LawPublic Practical ReasonsPractical Reasonableness and the LawConclusion7 Law as a General ConceptThe Bare-Autonomy Thesis and the Integrated-Autonomy ThesisMoral Reasoning and LawIdeal and Non-ideal TheoryJustification of the Autonomy ThesisImmorality of the State of NatureLaw as a Community Governed by an Omnilateral WillKant's Justification for LawEnforcementJustification of the Integrated-Autonomy ThesisLaw Constitutes our Freedom from DependencyRousseau's Concept of LawThe General Concept of LawConclusion8 The Foundations of the International Legal OrderA Justification for International LawCivil Incorporation and the Sovereign StateThe State and Civil IncorporationSovereignty and Collateral Moral RightsThe State and AgencyInternational Legal OrderKant's 'State of War'Why is the State of War Not-rightful?The Integrated-Autonomy Thesis and the Sovereignty of International LawInstitutional DesignInternational Legal Order as a Suprastate SystemInternational Legal Order as an Interstate SystemInterstate or Suprastate Institutional Design?ConclusionLauterpacht and the Progressive Interpretation of International LawUnanswered Questions9 The Discontinuity ThesisAlternatives to International Legal OrderSovereign States are Not Similar, in Relevant Ways, to Human AgentsA Rejection of the Universal State, Not International Legal OrderThe Sovereign State Cannot be Considered an AgentTransgovernmental Law Instead of International Law?Rejection of International Legal OrderSovereign States are Not Similar, in Relevant Ways, to Human BeingsPrudence and International Legal OrderThe Environment in which Sovereign States Find Themselves is Not Similar in Relevant Ways to the Environment in which Human Beings Find ThemselvesAre International Relations Not Unreasonable?Approximations to International LawSurrogates, Analogues and ApproximationsThe Possibility of Perpetual PeaceConclusion10 International Legal Order in Ideal and Non-ideal TheoryIdeal TheoryNorm-CreationCustomInterpretationEnforcementFailure of Interstate Design for Ideal TheoryNon-Ideal TheoryJuridical and Moral Concepts of the StateInstitutional Architecture and Norm-CreationEnforcementSelf-DefenceThe Concept of International Law and the Role of the International LawyerConclusionBibliographyIndex

Review

Patrick Capps captivates the readership with the intriguing notion that the very purpose of law and international law is to achieve the end of human dignity…His argument is logically sound, presented clearly and with painstaking attention to detail.…Capp's writing style is clean, measured, and written with obvious passion. He engages the reader in back and forth discussions that stimulate thought-provoking questions. Philosophically-minded readers will particularly enjoy the in-depth reflections on how the writings of Kant, Hobbes, Weber, and others, fall within Capps' analysis. The argument is logically and persuasively presented, with any and all contradicting views addressed, and philosophical inconsistencies reconciled, before moving on. It can be said with certainty that Human Dignity and the Foundations of International Law is a comprehensive, well thought out, and welcome addition to the field of philosophy and the law. -- Sonya Lalli * Saskatchewan Law Review Volume 75 *Capps masterfully integrates discussion of the work of influential thinkers across the spectrum of poltical philosophy, legal philosophy and international law.Human Dignity and the Foundations of International Law is an ambitious contribution to the theory of international law and the place of 'solidarist' values within the international community. It presents not only an extensively-worked conceptual framework, but also a challenge, - to practitioners of international law -- Elaine Webster * Social and Legal Studies *

Review Quote

Patrick Capps captivates the readership with the intriguing notion that the very purpose of law and international law is to achieve the end of human dignityHis argument is logically sound, presented clearly and with painstaking attention to detail.Capp's writing style is clean, measured, and written with obvious passion. He engages the reader in back and forth discussions that stimulate thought-provoking questions. Philosophically-minded readers will particularly enjoy the in-depth reflections on how the writings of Kant, Hobbes, Weber, and others, fall within Capps' analysis. The argument is logically and persuasively presented, with any and all contradicting views addressed, and philosophical inconsistencies reconciled, before moving on. It can be said with certainty that Human Dignity and the Foundations of International Law is a comprehensive, well thought out, and welcome addition to the field of philosophy and the law.Sonya LalliSaskatchewan Law ReviewVolume 75, 2012Capps masterfully integrates discussion of the work of influential thinkers across the spectrum of poltical philosophy, legal philosophy and international law.Human Dignity and the Foundations of International Law is an ambitious contribution to the theory of international law and the place of 'solidarist' values within the international community. It presents not only an extensively-worked conceptual framework, but also a challenge, - to practitioners of international lawElaine WebsterSocial and Legal StudiesSeptember 2010

Details ISBN1849460892 Author Patrick Capps Series Studies in International Law Year 2010 ISBN-10 1849460892 ISBN-13 9781849460897 Format Paperback Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom DEWEY 341 Short Title HUMAN DIGNITY & THE FOUNDATION Language English Media Book Publication Date 2010-06-23 Illustrations black & white illustrations Pages 306 Publisher Bloomsbury Publishing PLC Series Number 23 UK Release Date 2010-06-23 NZ Release Date 2010-06-23 Audience Professional & Vocational AU Release Date 2010-06-22 We've got this

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