International Law as Social Construct: The Global Struggle for Justice

Hardcover | June 21, 2012

byCarlo Focarelli

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The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it drawsupon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to bepart of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensivelyinvestigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of stateand other transnational players who violate international law.

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The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it drawsupon psycho-analytic insights into the origins...

Carlo Focarelli is Professor of International Law at the University of Perugia, Chair of Private International Law at LUISS Guido Carli University of Rome, and Phd Supervisor in International Law at the University "La Sapienza" of Rome. He is Reporter of the Oxford Reports on International Law in Domestic Cases (OUP) and Member of the...

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Format:HardcoverDimensions:552 pages, 9.21 × 6.14 × 0.01 inPublished:June 21, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199584834

ISBN - 13:9780199584833

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Table of Contents

IntroductionPart I - Myth1. Society2. Myth3. ReasonPart II - Mythologies4. De- and re-mythologizing international law5. Players6. Rules7. Values8. RemediesEpilogue