The Status of Law in World Society: Meditations on the Role and Rule of Law

by Friedrich Kratochwil

Overview

Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries and address important issues in both international relations and international law, including deformalization, fragmentation, the role of legal pluralism, the emergence of autonomous autopoietic systems and the appearance of non-territorial forms of empire. He argues that the pretensions of a positivist theory in social science and of positivism in law are inappropriate for understanding practical problems and formulates an approach for the analysis of praxis based on constructivism and pragmatism.

Product Details

ISBN-13:	9781139862066
Publisher:	Cambridge University Press
Publication date:	03/13/2014
Series:	Cambridge Studies in International Relations , #129
Sold by:	Barnes & Noble
Format:	eBook
File size:	1 MB

About the Author

Friedrich Kratochwil is Emeritus Chair of International Relations at the European University Institute in Florence, Visiting Professor at the Central European University, Budapest and International Scholar at Kyung Hee University, Seoul. His work addresses epistemological and theoretical problems in international relations, international law, international organization and social theory. He was editor of the European Journal of International Relations and has served on various editorial boards. He is the author of several books, including Rules, Norms, and Decisions (Cambridge University Press, 1989) and The Puzzles of Politics, an anthology of articles (2011).

Table of Contents

Preface; Introduction: images of law; 1. Inter-disciplinarity, the epistemological ideal of incontrovertible foundations and the problem of praxis; 2. On the concept of law; 3. On constitutions and fragmented orders; 4. Of experts, helpers, and enthusiasts; 5. The power of metaphors and narratives: systems, teleology, evolution and the issue of the 'global community'; 6. Cosmopolitanism, publicity, and the emergence of a 'global administrative law'; 7. The politics of rights; 8. The limits and burdens of rights; 9. The bounds of (non)-sense.

Editorial Reviews

"Kratochwil has written the international law book of the year. There is much here to admire, there is much to take to heart and also (he will be delighted to see) some things to disagree with."
Jan Klabbers, European Journal of International Law

From the Publisher