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BL
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| Record Number
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1026082
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| Doc. No
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b780452
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| Main Entry
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Rubin, Alfred P.
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| Title & Author
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Ethics and authority in international law /\ Alfred P. Rubin.
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| Publication Statement
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Cambridge [England] ;New York :: Cambridge University Press,, 1997.
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| Series Statement
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Cambridge studies in international and comparative law ;; 4
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| Page. NO
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1 online resource (xxvi, 228 pages)
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| ISBN
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0511522312
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: 9780511522314
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0521582024
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9780521046114
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9780521582025
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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1. Introduction. Crime and punishment: jurisdiction to prescribe, to adjudicate and to enforce. Words and reality. "Naturalism" and "positivism" "Reality" and the evolution of theory. Adjudication and legislation. Sources and language. The slippery slope -- 2. The international legal order. The naturalist model. The positivist practice -- 3. Theory and practice come together. The United States of America. The impact of reality on theory -- 4. Putting it together. The rise of positivism and the naturalist reaction. The "evolving" world order and "interdependence" "Monism" versus "dualism" again. Overview for the twenty-first century -- 5. Implications for today. "Solutions" in a positivist legal order. Summary and conclusions.
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| Abstract
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The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
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| Subject
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Criminal jurisdiction-- Moral and ethical aspects.
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Criminal jurisdiction-- Philosophy.
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| Subject
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International crimes-- Moral and ethical aspects.
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International crimes-- Philosophy.
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| Subject
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International law-- Moral and ethical aspects.
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International law-- Philosophy.
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| Subject
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Criminal jurisdiction-- Moral and ethical aspects.
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| Subject
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Criminal jurisdiction-- Philosophy.
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| Subject
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International crimes-- Moral and ethical aspects.
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International crimes-- Philosophy.
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| Subject
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International law-- Moral and ethical aspects.
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| Subject
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International law-- Philosophy.
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| Dewey Classification
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341.4/88
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| LC Classification
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K5301.R83 1997eb
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