Law Without Force PDF Download

Author: Gerhart Niemeyer
Publisher: Transaction Publishers
ISBN: 9781412827331
Category : Political Science
Languages : en
Pages : 440

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Book Description
This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.

Author: Gerhart Niemeyer
Publisher: Routledge
ISBN: 1351320629
Category : Law
Languages : en
Pages : 408

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Book Description
Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.

Author: Niemeyer
Publisher:
ISBN:
Category : Electronic book
Languages : en
Pages :

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Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Law
Languages : en
Pages : 256

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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416

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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Author: Blaise Pascal
Publisher: Createspace Independent Publishing Platform
ISBN: 9781535086929
Category :
Languages : en
Pages : 36

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Book Description
" The Best Blaise Pascal Quotation Book ever Published. Special Edition This book of Blaise Pascal quotes contains only the rarest and most valuable quotations ever recorded about Blaise Pascal, authored by a team of experienced researchers. Hundreds of hours have been spent in sourcing, editing and verifying only the best quotations about Blaise Pascal for your reading pleasure, saving you time and expensive referencing costs. This book contains over 35 pages of quotations which are immaculately presented and formatted for premium consumption. Be inspired by these Blaise Pascal quotes; this book is a niche classic which will have you coming back to enjoy time and time again. What's Inside: Contains only the best quotations on Blaise Pascal Over 35 pages of premium content Beautifully formatted and edited for maximum enjoyment Makes for the perfect niche gift for you or someone special Enjoy such quotes such as: A trifle consoles us, for a trifle distresses us. Blaise Pascal All human evil comes from a single cause, man's inability to sit still in a room. Blaise Pascal All men's miseries derive from not being able to sit in a quiet room alone. Blaise Pascal All of our reasoning ends in surrender to feeling. Blaise Pascal As men are not able to fight against death, misery, ignorance, they have taken it into their heads, in order to be happy, not to think of them at all. Blaise Pascal Atheism shows strength of mind, but only to a certain degree. Blaise Pascal ... And much more! Click Add to Cart and Enjoy!"

Author: Christoph Bezemek
Publisher: Springer
ISBN: 3319339877
Category : Law
Languages : en
Pages : 169

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Book Description
This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

Author: Christine D. Gray
Publisher: Oxford University Press on Demand
ISBN: 0199239142
Category : Law
Languages : en
Pages : 474

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Book Description
This text explores the large and controversial subject of the use of force in international law, including use of force by States, the role of the UN, and the role of regional organizations in the maintenance of international peace and security.

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674967143
Category : Law
Languages : en
Pages : 216

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Book Description
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.

Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1134935153
Category : Philosophy
Languages : en
Pages : 420

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Book Description
The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.