An Evolutionary Paradigm For International Law

Author : J. Gillroy
Publisher : Springer
ISBN 13 : 1137376651
Total Pages : 592 pages
Book Rating : 4.57/5 ( download)

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Download or read book An Evolutionary Paradigm for International Law written by J. Gillroy and published by Springer. This book was released on 2013-12-05 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book transcends conventional social scientific method, political theory and its understanding of global governance to make the study of the philosophical essence of the international legal system fully accessible.

Author : J. Gillroy
Publisher : Springer
ISBN 13 : 1137376651
Total Pages : 325 pages
Book Rating : 4.57/5 ( download)

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Download or read book An Evolutionary Paradigm for International Law written by J. Gillroy and published by Springer. This book was released on 2013-12-05 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book transcends conventional social scientific method, political theory and its understanding of global governance to make the study of the philosophical essence of the international legal system fully accessible.

Author : Wojciech Załuski
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444454
Total Pages : 0 pages
Book Rating : 4.51/5 ( download)

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Download or read book Evolutionary Theory and Legal Philosophy written by Wojciech Załuski and published by Edward Elgar Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems. Wojciech Zaluski explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004216057
Total Pages : 349 pages
Book Rating : 4.51/5 ( download)

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Download or read book Evolving principles of International Law written by and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.

Author : Julian Wyatt
Publisher :
ISBN 13 : 9781509929528
Total Pages : 0 pages
Book Rating : 4.25/5 ( download)

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Download or read book Intertemporal Linguistics in International Law written by Julian Wyatt and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever-increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law - including even the oft-cited evolutionary interpretation doctrine - provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law"--

Author : Shiping Tang
Publisher : Routledge
ISBN 13 : 1000039897
Total Pages : 249 pages
Book Rating : 4.94/5 ( download)

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Download or read book On Social Evolution written by Shiping Tang and published by Routledge. This book was released on 2020-02-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tang provides a coherent and systematic exploration of social evolution as a phenomenon and as a paradigm. He critically builds on existing discussions on social evolution, while drawing from a wide range of disciplines, including archaeology, evolutionary anthropology, sociology, economics, political science, the philosophy of social sciences, and evolutionary biology. Clarifying the relationship between biological evolution and social evolution, Tang lays bare the ontological and epistemological principles of the social evolutionary paradigm. He also presents operational principles and tools for deploying this paradigm to understand empirical puzzles about human society. This is a vital resource for students, practitioners, and philosophers of all social sciences.

Author : Jan Klabbers
Publisher : OUP Oxford
ISBN 13 : 0191615919
Total Pages : 414 pages
Book Rating : 4.17/5 ( download)

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Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2011-04-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Author : Georges Abi-Saab
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 391 pages
Book Rating : 4.00/5 ( download)

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Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Author : Richard R. Nelson
Publisher : Harvard University Press
ISBN 13 : 9780674041431
Total Pages : 456 pages
Book Rating : 4.37/5 ( download)

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Download or read book An Evolutionary Theory of Economic Change written by Richard R. Nelson and published by Harvard University Press. This book was released on 1985-10-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the most sustained and serious attack on mainstream, neoclassical economics in more than forty years. Nelson and Winter focus their critique on the basic question of how firms and industries change overtime. They marshal significant objections to the fundamental neoclassical assumptions of profit maximization and market equilibrium, which they find ineffective in the analysis of technological innovation and the dynamics of competition among firms. To replace these assumptions, they borrow from biology the concept of natural selection to construct a precise and detailed evolutionary theory of business behavior. They grant that films are motivated by profit and engage in search for ways of improving profits, but they do not consider them to be profit maximizing. Likewise, they emphasize the tendency for the more profitable firms to drive the less profitable ones out of business, but they do not focus their analysis on hypothetical states of industry equilibrium. The results of their new paradigm and analytical framework are impressive. Not only have they been able to develop more coherent and powerful models of competitive firm dynamics under conditions of growth and technological change, but their approach is compatible with findings in psychology and other social sciences. Finally, their work has important implications for welfare economics and for government policy toward industry.

Author : Wojciech Zaluski
Publisher : Edward Elgar Publishing
ISBN 13 : 180392182X
Total Pages : 515 pages
Book Rating : 4.22/5 ( download)

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Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.