Authors: CB Editors
ISBN-13: 9781574326970, ISBN-10: 157432697X
Format: Paperback
Publisher: Collector Books
Date Published: August 2010
Edition: (Non-applicable)
CB Editors
For almost 30 years, Schroeder's Antiques Price Guide has been our #1 bestselling title. The reasons for its success are simple: annually, 300 different advisors, each an expert in their field(s), carefully review each category for accuracy, supply new listings, and provide all-new color photographs for their subjects; and more than 700 categories accompanied by representative listings, photos, and brief histories about each subject are included. This 29th edition boasts a revised directory that accommodates the recent shift from traditional print catalogs to online auction catalogs and auction websites that now post results strictly on the internet. And as always, a complete directory of advisors is provided in the back of the book so that readers may contact our experts directly for advice. Several new categories have been added to this edition, many in the glass field, including Atterbury & Company and Kanawha, and many sections have been expanded to feature more listings and additional historical company facts. We have also added several more people to our already diverse board of advisors, who see to it that only the most accurate data remains. It's no wonder that Schroeder's is still the most reliable source for dealers and collectors across the nation, for the lowest price you'll find for such a massive reference on antiques.
Acknowledgements
Introduction 1
1 Philosophical Problems for International Lawyers 9
Conceptions of International Law in Space and Time 11
Scepticism in the Philosophy of International Law 16
Theory and Practice 18
Conclusion 20
2 The Methodological Problem 23
The Methodological Problem in Legal Science 25
The Methodological Problem 25
Is International Law Racist? 27
The Ontological Problem 33
Conceptual Analysis and Focal Analysis 39
Conceptual Analysis 40
Focal Analysis 43
Conceptual Analysis, Focal Analysis and the Raw Data 45
The Legal Scientist 47
Conclusion 49
3 The Conceptual Analysis of International Law 51
Hart's The Concept of Law as a Form of Conceptual Analysis 52
Legal Positivism 53
Hart's Concept of Law 56
Hart's Non-ambitious Concept of Law 57
Hart's Ambitious Concept of Law 59
International Law as an Indeterminate Form of Law 61
Usages and Conventions 65
The Legal Scientist, the Ordinary Language User and the Legal Official 65
Law as a Social Practice 68
Theoretical Values 69
Law as a Conventional Practice 70
Paradigm Cases and the Internal Point of View 74
Conclusion 75
4 Focal Analysis and Ideal-Types 77
Purposivity and International Law 80
Human Dignity and the Purpose of International Law 80
Normative Positivism and International Law 83
Focal Analysis and Ideal-Types 84
Action and Axiology 85
Ideal-Types 86
The Ideal-Type and Collective and Institutionalised Social Practices 88
General Concepts 91
Weber on International Law 93
Ideal-Types and Practical Reasonableness 93
The Concept of International Law Relies upon the General Concept of Law 94
Purpose and Meaning 98
Practical Reasonableness and Ideal-Types 101
Components of the Concept of International Law 102
5 Practical Reasonableness and Human Dignity 103
The Idea of Human Dignity 106
Human Dignity as Empowerment 108
The Substantive Question 109
Generic Features of Agency 112
Distributive and Authoritative Questions 114
The Authoritative Question 115
Action and the Generic Features of Agency 117
The Universalisation of Generic Rights 119
The Distributive Question 121
The Concept of International Law 122
Dignity in the Kingdom of Ends 122
From the Kingdom of Ends to Positive Law 123
Conclusion 125
6 The Logic of the Autonomy Thesis 127
The Autonomy Thesis 130
Structure of the Autonomy Thesis 131
Hobbes' Version of the Autonomy Thesis 132
Kant's Version of the Autonomy Thesis 136
Oppenheim's Version of the Autonomy Thesis 139
Weil's Version of the Autonomy Thesis 141
Failure of the Autonomy Thesis 142
Adjudication and Function 143
Legitimacy as a General Condition for the Success of the Autonomy Thesis 145
The Autonomy Thesis and International Law 146
Public Practical Reasons 149
Practical Reasonableness and the Law 151
Conclusion 154
7 Law as a General Concept 157
The Bare-Autonomy Thesis and the Integrated-Autonomy Thesis 159
Moral Reasoning and Law 161
Ideal and Non-ideal Theory 162
Justification of the Autonomy Thesis 164
Immorality of the State of Nature 164
Law as a Community Governed by an Omnilateral Will 168
Kant's Justification for Law 169
Enforcement 173
Justification of the Integrated-Autonomy Thesis 175
Law Constitutes our Freedom from Dependency 177
Rousseau's Concept of Law 182
The General Concept of Law 183
Conclusion 185
8 The Foundations of the International Legal Order 187
A Justification for International Law 188
Civil Incorporation and the Sovereign State 190
The State and Civil Incorporation 191
Sovereignty and Collateral Moral Rights 193
The State and Agency 195
International Legal Order 197
Kant's áState of War' 197
Why is the State of War Not-rightful? 199
The Integrated-Autonomy Thesis and the Sovereignty of International Law 201
Institutional Design 203
International Legal Order as a Stuprastate System 204
International Legal Order as an Interstate System 205
Interstate or Suprastate Institutional Design? 208
Conclusion 210
Lauterpacht and the Progressive Interpretation of International Law 210
Unanswered Questions 212
9 The Discontinuity Thesis 215
Alternatives to International Legal Order 218
Sovereign States are Not Similar, in Relevant Ways, to Human Agents 218
A Rejection of the Universal State, Not International Legal Order 220
The Sovereign State Cannot be Considered an Agent 222
Transgovernmental Law Instead of International Law? 226
Rejection of International Legal Order 229
Sovereign States are Not Similar, in Relevant Ways, to Human Beings 229
Prudence and International Legal Order 230
The Environment in which Sovereign States Find Themselves is Not Similar in Relevant Ways to the Environment in which Human Beings Find Themselves 232
Are International Relations Not Unreasonable? 234
Approximations to International Law 235
Surrogates, Analogues and Approximations 237
The Possibility of Perpetual Peace 239
Conclusion 241
10 International Legal Order in Ideal and Non-ideal Theory 243
Ideal Theory 245
Norm-Creation 246
Custom 248
Interpretation 250
Enforcement 255
Failure of Interstate Design for Ideal Theory 255
Non-Ideal Theory 257
Juridical and Moral Concepts of the State 258
Institutional Architecture and Norm-Creation 265
Enforcement 268
Self-Defence 269
The Concept of International Law and the Role of the International Lawyer 270
Conclusion 273
Bibliography 277
Index 291