A Foucauldian Approach to International Law by Leonard M. Hammer

By Leonard M. Hammer

Foucault's demanding view of energy and information because the foundation for reading the foreign method types the crucial topics of this ebook. because the program of overseas legislations expands and develops, this e-book considers how Foucault's procedure could create a manageable framework that isn't beset by means of ontological matters. With overseas legislation primarily caught inside of an older framework of outdated statist techniques, and overly huge figuring out of the importance of exterior actors comparable to overseas agencies; present interpretations are both rooted in a slim try to exhibit a functioning normative constitution or interpret advancements as reflective of a few rising and a little bit unwieldy moral order. This publication hence goals to ameliorate the ways of a few various 'schools' in the disciplines of overseas legislation and diplomacy, with no being wedded to a unmarried thought. present scholarship in overseas legislations has a tendency to favour an unresolved critique, a Utopian imaginative and prescient, or to consult different disciplines like diplomacy with no totally explaining the importance or significance of taking this kind of step. This ebook analyses various difficulties and concerns that experience surfaced in the overseas method and offers a framework for attention of those concerns, with a view in the direction of accounting for ongoing advancements within the overseas area.

Show description

Read Online or Download A Foucauldian Approach to International Law PDF

Best law books

The Odd Clauses: Understanding the Constitution through Ten of Its Most Curious Provisions

An cutting edge, insightful, frequently funny examine the Constitution’’s lesser-known clauses, supplying a clean point of view at the document’s relevance this present day

For a number of purposes, a number of the Constitution’s extra imprecise passages by no means make it to any court docket and as a result by no means make headlines or maybe legislations university school rooms, which educate from judicial judgements. during this fascinating and witty ebook, Jay Wexler attracts on his wide specialist and academic backgrounds in constitutional legislation to illustrate how those “odd clauses” have tremendous relevance to our lives, our government’s constitution, and the integrity of our democracy.

“I love this booklet. it truly is, think it or no longer, an totally enjoyable constitutional legislations booklet. i'm blown away by way of Wexler's comedic abilities and his skill to make the often dry material so humorous and readable. ”—Gary Gulman, Finalist, final comedian status and visitor, past due evening With David Letterman and The this night Show

“In Holy Hullabaloos, Jay Wexler took us alongside on what he known as a "road trip" to a couple of an important areas attached to the 1st Amendment's faith clauses. This time, within the abnormal Clauses, Wexler exits off the street to take us on a journey of a few again roads of constitutional legislation: areas students and the general public seldom stopover at just like the invoice of Attainder Clause or the 3rd modification (which prohibits quartering of troops in deepest homes in the course of peacetime, for those who didn't be aware of. ) the result's magical: you'll have lots enjoyable examining approximately those unsung constitutional provisions that you simply won't observe till the journey is over how a lot you've discovered. ”— Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public curiosity Law

“The booklet offers a clean vantage aspect from which to contemplate the structure. ”—Choice Magazine

“Professor Wexler dispenses his services at the structure with a mild contact, supplying many lasting insights and some stomach laughs alongside the best way. What a satisfaction to find that our founding record is not just marvelous, yet brilliantly bizarre. ”—Ben H. Winters, writer of experience and Sensibility and Sea Monsters

“A know-it-all's treasure trove, a cupboard of constitutional curiosities, The unusual Clauses touches down on NASA, Ellis Island, even Saturday evening stay. Jay Wexler is brilliantly snarky, erudite and comedic. ”—Julianna Baggott, writer of lady speak and Pure

“The maniacs who run the fashionable American political strategy appear decided to minimize our structure to a electoral fetish item. Thank God, then, that we have got Jay Wexler, whose clever and humorous treatise reminds us that the structure is, just like the males who drafted it, outstanding yet imperfect. I discovered extra analyzing this e-book than in my complete university occupation. This isn't announcing a lot given my collage occupation, I become aware of. yet I now plan to wait legislations institution. It's that stable. ”—Steve Almond, writer of Candyfreak and God Bless the US

Law of the Sea in Dialogue

The interrelation among varied fields of public overseas legislations has specific relevance for the systematic knowing of overseas legislations. The ebook features a selection of essays at the legislation of the ocean and its interdependencies with different present felony problems with worldwide value. the problem of the connection among international warming and legislations of the ocean issues are one concentration.

Extra resources for A Foucauldian Approach to International Law

Example text

The law does not serve a regulatory role between the state and the individual, but rather functions as part of the process in shaping individuals and allowing for their reactions that in turn further serve to shape and influence the social process. The law however does not sit above such a process but tends to be part of the ongoing change and assertions that individuals might adopt. Within the international context, the role of law tends even more so towards a process-orientation rather than a regulatory role, especially as the variety of influences and lack of enforcement methods indicates a different role for international law that is not wholly comparable to a domestic system.

Thus, factoring in a normative position seems not only difficult but also unnecessary. On the other hand, one also must account for the social factors that have been linked to recognition. Aspects like human rights, democracy, selfdetermination, and constitutional legitimacy have been noted as playing 21 But cf. Sloane, R. (2002), ‘The Changing Face of Recognition in International Law: A Case Study of Tibet’, 16 Emory Intl. L. Rev. 107 (noting the role of no-state actors exerting influence on recognition practice, including the infusion of human rights, democracy, and self determination issues).

This will be achieved by moving the understanding of recognition towards a transformative context, where a key aspect is the process leading up to the recognition decision, rather than the actual final decision to recognise as the central focus. The transformative approach opens the door for commingling political and policy decisions with a normative framework of statehood and international personality, thereby beginning to define a role for recognition. g. Talmon, S. (1998), Recognition of Governments in International Law With Particular Reference to Governments in Exile (Oxford University Press, UK) regarding the recognition of governments, where he proposes a distinction between de jure and de facto forms of recognition, the former relating to the sovereign status of a state, whereas the latter relating to a policy oriented decision to enter into relations.

Download PDF sample

Rated 4.09 of 5 – based on 28 votes