An Evolutionary Paradigm for International Law: Philosophical Method, David Hume, and the Essence of Sovereignty (Philosophy, Public Policy, and Transnational Law)

This Book Conceptualizes International Law As An Expression Of Practical Reason, Focusing On The Genesis Of Modern International Law In The Essence Of The Concept Of Sovereignty. Utilizing The Philosophical Method Of R.g. Collingwood, The Essence Of Sovereignty Is Sought In A Dialectical Model Drawn From The Philosophy Of David Hume. John Martin Gillroy Transcends Conventional Social Scientific Method, Political Theory, And Its Understanding Of Global Governance To Make The Study Of The Philosophical Underpinnings Of International Law Accessible, Grounded, And Practical. This Book Provides Analytic Tools For Understanding Globalization, International Legal Thought, Legal Theory, And Political Philosophy, Offering Engaging Insights On A Complex Field Of Study. It Outlines The First Of Three Arguments Describing The Evolution Of International Law As A Manifestation Of Practical Reason Through An Application Of Philosophical Method To The Source, Locus, And Scope Of The Concept Of Sovereignty. It Moves From A Dialectic Balance Favoring Utility, To A Balance Dominated By Legal Right, And Finally To A Dialectic Of Duty To Humanity And Nature. -- This, The First Of Three Books Examining The Philosophical Substructure Of Transnational Law, Focuses On The Genesis Of Modern International Law In The Essence Of The Concept Of Sovereignty. Utilizing The Philosophical Method Of R.g. Collingwood, The Essence Of Sovereignty Is Sought In A Dialectical Model Drawn From The Philosophy Of David Hume. Distilling Hume's Logic Of Concepts Into A Philosophical-policy Paradigm, The Structure Of 'justice-as-sovereignty' Is Deciphered And Applied, Through A Legal Design Process, To Demonstrate That The Genesis Of Modern International Legal Practice Is Best Understood As A Stage In The Ongoing Evolution Of Law From Social Convention-- Vol. 1 (308 P.) Philosophical Method, Policy Design, And The International Legal System. John Martin Gillroy. Includes Bibliographical References And Index. 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. This book conceptualizes international law as an expression of practical reason, focusing on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. John Martin Gillroy transcends conventional social scientific method, political theory, and its understanding of global governance to make the study of the philosophical underpinnings of international law accessible, grounded, and practical. This book provides analytic tools for understanding globalization, international legal thought, legal theory, and political philosophy, offering engaging insights on a complex field of study. It outlines the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source, locus, and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility, to a balance dominated by legal right, and finally to a dialectic of duty to humanity and nature "This book conceptualizes international law as an expression of practical reason, focusing on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. John Martin Gillroy transcends conventional social scientific method, political theory, and its understanding of global governance to make the study of the philosophical underpinnings of international law accessible, grounded, and practical. This book provides analytic tools for understanding globalization, international legal thought, legal theory, and political philosophy, offering engaging insights on a complex field of study. It outlines the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source, locus, and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility, to a balance dominated by legal right, and finally to a dialectic of duty to humanity and nature."-- Provided by publisher Cover 1 Half-Title 2 Title 4 Copyright 5 Dedication 6 Contents 8 List of Illustrations 10 Preface 12 Acknowledgments 18 Prologue: Sovereignty and Practical Reason 20 1 Philosophical Method, Hume’s Philosophical-Policy, and Legal Design 26 2 “Effectiveness”: A “Local” Rule of Recognition and the Foundation for Justice-As-Sovereignty 68 3 “Progressive Codification”: A Rule of Adjudication and the Evolution of Justice-As-Sovereignty 126 4 “Peaceful Cooperation”: A Universal Rule of Recognition and the Strategic Context of Justice-As-Sovereignty 170 5 “Non-Intervention”: A Rule of Change Protecting “Process” from “Principle” 228 6 Conclusion: The Metaphysical Elements of Sovereignty 276 Notes 286 Bibliography 310 Index 318 "This, the first of three books examining the philosophical substructure of transnational law, focuses on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. Distilling Hume's logic of concepts into a philosophical-policy paradigm, the structure of 'Justice-As-Sovereignty' is deciphered and applied, through a legal design process, to demonstrate that the genesis of modern international legal practice is best understood as a stage in the ongoing evolution of law from social convention"-- Provided by publisher