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18 de ago. de 2021 · The Problem of Sovereignty and the Theory of International Law: A Contribution to a Pure Theory of Law. Hans Kelsen, Paul Silverman. Oxford University Press,...
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- Capa dura
The chapter shows that the sovereignty of the state is not an obstacle to international law, but an essential requirement for it. Keywords: sovereign state, sovereignty, international law, plurality, will.
- Abstract
- INTRODUCTION
- A CONTEMPORARY VIEW OF THE PROBLEM OF SOVEREIGNTY
- Nietzsche’s Concept Of Intellectual Conscience
- Novalis’ Concept of a True Universal State
- THE UNIVERSAL STATE AS A SYSTEM OF LAWS OF AGREEMENT HAVING THE BINDING FORCE OF A COMMON FAITH
- CONCLUSION
The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, un...
The concept of sovereignty is a recurring and often controversial theme in international law, and this concept has a long history in western philosophy.1 Thomas Hobbes attacked the traditional notion of sovereignty by calling it an illusion.2 John Locke used the Christian version of the traditional notion of sovereignty to bestow the highest author...
In his essay, That ‘S’: Word: Sovereignty, and Globalization, and Human Rights, et cetera, Louis Henkin offers his own formulation of the problem of sovereignty. Unlike Plato, he articulates the problem by, in significant part, trumpeting his contempt for it. The title of his essay alone conveys his contempt, but he does not stop there. After intro...
In sections 2 through 5 of his Die fröhliche Wissenschaft, Nietzsche presents his own take on the problem of sovereignty through a fictional caller who calls for an ‘intellectual conscience.’ This caller voices his dismay upon realizing that in spite of the fact that his fellow community members’ values are clearly inadequate, they nevertheless ref...
In his essay, and in aphorism 122, Novalis discusses the problem of the tension between monarchy and democracy as it was formulated in his time. In short, the problem with monarchy is that it is form without power. Monarchies had become unpopular in Novalis’ time because the people had begun to develop a sense of their own worth and authority, and ...
In aphorism 76 of Die fröhlich Wissenschaft, titled ‘The greatest danger,’ Nietzsche discusses his concept of ‘the ultimate noblemindedness.’ He maintains that what it means to be truly noble minded is to be an advocate of the rule that guides common nature: If the majority of men had not always considered the discipline of their minds – ‘their rat...
In Book X of Plato’s Republic, Socrates recounts the legend of Er, who had gone up into heaven to witness the process of reincarnation. Er said that the souls in heaven draw lots to decide who will be first to choose his or her next life and that their choices are informed by the character that they developed in their previous lives. Er says that t...
Sovereignty: A Contribution to the Theory of Public and International Law [Sovereignty] 1 in 1927 as an intervention in the interwar debate about the nature of sovereignty. In large part it is a response to the most important legal philosopher of the last century, Hans Kelsen,
6 de abr. de 2019 · The Problem of Sovereignty and the Theory of International Law: A Contribution to a Pure Theory of Law. Hans Kelsen, Paul Silverman (Translator) 4.50. 2 ratings0 reviews. 300 pages, Hardcover. Expected publication April 6, 2042. Book details & editions. About the author. Hans Kelsen. 149 books47 followers.
This review of Sovereignty proceeds in four steps. Parts I its claims in the IR literature. Part III discusses what international should learn from Sovereignty, and evaluates the book's strengths nesses. Part IV considers the ostensible turn to IR theory within law scholarship.
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