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In: International theory: a journal of international politics, law and philosophy, Band 9, Heft 3, S. 466-489
ISSN: 1752-9727
Why, if at all, does it make sense to assign some responsibilities to states rather than to individuals? There are two contemporary answers. According to the agential theory, states can be held responsible because they are moral agents, much like human beings. According to the functional theory, states can be held responsible because they are legal persons that act vicariously through individuals, much like principals who act through agents. The two theories of state responsibility belong to parallel traditions of scholarship that have never been clearly distinguished. While the agential theory is dominant in IR, political theory, and philosophy, the functional theory prevails in International Law. The purpose of this article is to bridge the gulf between ethical and legal approaches to state responsibility. I argue that IR scholars and political theorists have much to gain from the functional theory. First, it provides a plausible alternative to the agential theory that avoids common objections to corporate moral agency. Second, the functional theory helps us to understand features of International Law that have puzzled IR scholars and political theorists, such as the fact that states are not held criminally responsible. I suggest that states can be 'moral principals' instead of moral agents.
World Affairs Online
In: Law in context
In: The law in context
Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.
In the past, reforms in Japanese criminal procedure would have been of little interest to most Americans, who have never felt it important to understand foreign legal systems. Fortunately, this attitude is beginning to change. Moreover, the United States has been officially committed to encourage a desire for individual liberties and democratic processes on the part of the Japanese people since the Potsdam Declaration of July 26, 1945. Consequently, Americans will be interested in the postwar reforms in Japanese criminal procedure, if only to be fully informed of progress toward fulfillment of the objectives of the Allied Occupation, in which the United States has played the leading role.
BASE
North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror
In: Peace research abstracts journal, Band 41, Heft 1, S. 46
ISSN: 0031-3599
In: Peace research abstracts journal, Band 39, Heft 1, S. 135
ISSN: 0031-3599
In: Peace research abstracts journal, Band 38, Heft 6, S. 888
ISSN: 0031-3599
In: Peace research abstracts journal, Band 38, Heft 6, S. 886
ISSN: 0031-3599
In: Peace research abstracts journal, Band 38, Heft 6, S. 882-883
ISSN: 0031-3599
In: The Parliamentarian: journal of the parliaments of the Commonwealth, Band 80, Heft 4, S. 373-374
ISSN: 0031-2282
In: The Parliamentarian: journal of the parliaments of the Commonwealth, Band 80, Heft 4, S. 373-374
ISSN: 0031-2282
In: Foreign affairs, Band 72, Heft 3, S. 194
ISSN: 0015-7120
Review.
In: Regional and Global Regulation of International Trade
In: The Europeanisation of Law : The Legal Effects of European Integration