scholarly journals A Short History of Western Legal Theory by J M Kelly

2000 ◽  
Vol 31 (4) ◽  
pp. 901
Author(s):  
Sandra Petersson
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Criminal Law ◽  
Natural Law ◽  
Legal Theory ◽  
The State ◽  
Short History ◽  
History Of

This article is a book review of J M Kelly A Short History of Western Legal Theory (reprint, Clarendon Press, Oxford, 1997) (466 + xvi pages, $75). Kelly's aim was to make the reader see jurisprudence in its historical setting, something that Petersson agrees was done well. The book discusses the history of Western legal theory through the ages, tracing key themes including Theory of the State, Validity of Law, Rule of Law, Nature and Purpose of Law, Natural Law, Equality, Property, Equity, Criminal Law and Punishment, and International Law. Petersson notes that Kelly's work is notably non-Anglocentric. However, Petersson comments on Kelly's failure to treat positivism as its own separate conception of law, as well as Kelly's omission of feminist legal theories. 

Oxford Studies in Philosophy of Law Volume 4

2021 ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Legal Reasoning ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Philosophical Work ◽  
Philosophical Foundations ◽  
The World ◽  
History Of

This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.

Stakeholder Applications

2014 ◽  
Vol 14 (4-5) ◽  
pp. 944-968
Author(s):  
Anja Matwijkiw ◽  
Bronik Matwijkiw
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
Criminal Law ◽  
Critical Reflection ◽  
International Criminal ◽  
Legal Theory ◽  
International Criminal Law ◽  
The Rule Of Law ◽  
Separation Thesis

Given that talk about “stakeholders” have become commonplace in international law and international relations, the authors examine some of the issues that arise from an account of the theoretical, jurisprudential, and doctrinal parameters that can be derived from competing frameworks. For the specific purpose of international criminal law, the authors concentrate on the single most important question: whether stakeholder applications constitute advantages or disadvantages in a philosophy of law approach to the rule of law. It appears that current matches with concepts, norms and strategies warrant, as a minimum, more critical reflection. Incorporating stakeholder applications from various UN-documents, the ambiguities and inadequacies of these – in comparison to non-UN alternatives and contemporary legal theory of an idealist and progressive orientation even seem to substantiate arguments against too close affiliations with the trend, especially because the separation thesis recently re-emerged in broad frameworks.

s.VI Narratives, Ch.23 Criminal/Enemy

2020 ◽  
Author(s):  
Douglas Lawrence
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Legal Theory ◽  
International Criminal Law ◽  
Legal Tradition ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
History Of ◽  
Fundamental Shift

This chapter argues that the development of the international law of aggression has served to destabilize a dominant narrative based on the distinction between criminal and enemy. The criminal/enemy dyad has long been central to the western legal tradition. By attending to how rival traditions of legal theory have understood the dyad, the chapter illustrates how the criminalization of aggression marks one of the most distinctive developments in the history of international criminal law. This development, however, has proven problematic, as the criminalization of aggression has worked to deconstruct the traditional boundary between criminal and enemy, volatizing the very distinction between war and policing. The criminalization of aggression marks, then, something distinct from simply a growth of international law; it signals a fundamental shift that has left the relations between jus ad bellum and jus in bello in an uncertain state.

Morality and Responsibility of Rulers

2018 ◽  
Keyword(s):  
Comparative Study ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
History Of Ideas ◽  
Chinese Thought ◽  
History Of ◽  
Ethical Thinking

A comparative study of the history of ideas on rule of law. This book examines Eastern and Western traditions to reveal ‘rule of law as justice’ conceptions with differ from the positivist conceptions of the liberal internationalist rule of law today. From an examination of Northern Humanism and natural law it considers whether comparable concepts existed in Chinese thought of the same era. It focuses on the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs, and examines the obstacles to integration of these concepts in modern day international law.

A Short History of Jurisdiction in Transnational Criminal Law

2021 ◽  
pp. 261-275
Author(s):  
Florian Jeßberger
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Subject Matter ◽  
Short History ◽  
Customary International Law ◽  
Criminal Jurisdiction ◽  
History Of

Florian Jeßberger explores the development of criminal jurisdiction in multilateral suppression conventions. He identifies general trends, such as extension, specification and standardization, and shows that suppression conventions oscillate between simple replication of firmly settled bases of jurisdiction and integration of innovative, typically subject-matter-specific bases, often pushing the boundaries of the established law of criminal jurisdiction. He also points to the repercussions of jurisdictional rules in transnational criminal law on the ambit of domestic criminal law, by (as treaty practice) shaping the permissive rules under customary international law which limit domestic authority to punish.

Oxford Studies in Philosophy of Law Volume 3

2018 ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Legal Reasoning ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Philosophical Work ◽  
Philosophical Foundations ◽  
The World ◽  
History Of

This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

Sign in / Sign up

Export Citation Format

Share Document