Human Dignity and the Foundations of International Law

Paperback / softback

Main Details

Title Human Dignity and the Foundations of International Law
Authors and Contributors      By (author) Patrick Capps
SeriesStudies in International Law
Physical Properties
Format:Paperback / softback
Pages:306
Dimensions(mm): Height 234,Width 156
ISBN/Barcode 9781849460897
ClassificationsDewey:341
Audience
Professional & Vocational

Publishing Details

Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Publication Date 23 June 2010
Publication Country United Kingdom

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.

Reviews

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 September 2010