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Human Dignity and the Foundations of International Law

Human Dignity and the Foundations of International Law

Author: Patrick Capps
Publisher: Hart Publishing
ISBN: 9781841133577
Published In: June 2009
Format: Hardback , 306 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 cosmopolitan 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

Patrick Capps is a Senior Lecturer in Law at the University of Bristol.

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