Anthony Carty - Böcker

The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent.What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.

Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice.By covering a range of approaches – post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology – this book will encourage you to think afresh about how far to bring order to, or find order in, contemporary international society.

Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice.By covering a range of approaches – post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology – this book will encourage you to think afresh about how far to bring order to, or find order in, contemporary international society.

This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.

This edited book adopts a prescriptive and culturally relative narrative to understandand critique human rights within Asia. Simultaneously, it aims to understand howhuman rights, especially, such as women's rights, are practised and protected byAsian nations.The book evaluates the realisation of Eurocentric human rights by Asian states in linewith their domestic needs and priorities. It delineates the alien nature of westernstandards of human rights for Asia. Contributors focus on varied geographicalcontexts including South Asia, China, and Vietnam. The chapters also cover theprotection of women’s rights in conflict zones in Myanmar, Kashmir and Afghanistan,as well as regional human rights mechanisms.Covering a diverse region, this book will be of interest to researchers and students ofinternational human rights, feminism and gender studies, particularly in the Asiancontext.