"This book conceptualizes international law as an expression of practical reason, focusing on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. John Martin Gillroy transcends conventional social scientific method, political theory, and its understanding of global governance to make the study of the philosophical underpinnings of international law accessible, grounded, and practical. This book provides analytic tools for understanding globalization, international legal thought, legal theory, and political philosophy, offering engaging insights on a complex field of study. It outlines the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source, locus, and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility, to a balance dominated by legal right, and finally to a dialectic of duty to humanity and nature."--
"In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state"--
Frontmatter -- Contents -- Figures and Tables -- Preface -- Introduction: The Roots of Moral Austerity in Environmental Policy Discourse -- Part I. Moral Principles and Environmental Policy: Basic Issues and Dilemmas -- Issue 1: Science as a Substitute for Moral Principle? Science as a Substitute for Moral Principle -- Science Is No Substitute for Moral Principle -- Issue 2: Environmental Justice without Social Justice? Why Environmental Thought and Action Must Include Considerations of Social Justice -- Environmental Justice: Private Preference or Public Necessity? -- Issue 3: Nature Has Only an Instrumental Value Sustainability: Descriptive or Performative? -- Are Environmental Values All Instrumental? -- Issue 4: Intrinsic Value Implies No Use and a Threat to Democratic Governance A Practical Concept of Nature's Intrinsic Value -- On Intrinsic Value and Environmental Ethics -- Part II. Case Studies in Sustainable Environmental Policy and Law -- Introduction -- The Subnational Role in Sustainable Development: Lessons from American States and Canadian Provinces -- Sustainable Development and Natural Hazards Mitigation -- Sustainable Governance -- Sustainability in the United States: Legal Tools and Initiatives -- Sustainable Development and the Use of Public Lands -- The Impact of Political Institutions on Preservation of U.S. and Canadian National Parks -- Global Environmental Accountability: The Missing Link in the Pursuit of Sustainable Development? -- Part III. Moral Principles and Sustainable Environmental Policy: An Analysis of Ends and Means -- Introduction -- Issue 1: Science and Sustainability Sustainability, Sustainable Development, and Values -- Saving All the Parts: Science and Sustainability -- Discussion -- Issue 2: Environmental Policy, Sustainability, and Social Justice Why Environmental Public Policy Analysis Must Include Explicit Normative Considerations: Reflections on Seven Illustrations -- Sustainability and Environmental Justice: A Necessary Connection -- Discussion -- Issue 3: A Sustainable Environment as an Instrumental Value? The Hedgehog, the Fox, and the Environment -- Why Not Foxy Hedgehogs? -- Discussion -- Issue 4: A Sustainable Environment as an Intrinsic Value? Sustainability: Restricting the Policy Debate -- Comments on Sustainability -- Discussion -- Conclusion: Democratic Competence, Accountability, and Education in the Twenty-first Century -- Notes -- References -- Contributors -- Index
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