Download e-book for iPad: An Evolutionary Paradigm for International Law: by John Martin Gillroy (auth.)

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By John Martin Gillroy (auth.)

ISBN-10: 1137376651

ISBN-13: 9781137376657

ISBN-10: 1349477796

ISBN-13: 9781349477791

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Extra resources for An Evolutionary Paradigm for International Law: Philosophical Method, David Hume, and the Essence of Sovereignty

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22 With the assumption of a scale of forms as an expression of practical reason, we can use philosophical method to create ever deeper and interdependent definitions of the nature of sovereignty in international law. Fifth, and finally, the metaphysical23 nature of “essence” is more specifically defined by philosophical method in terms of a hierarchy of relative and absolute presuppositions. Here, hierarchy means that a series of dialectically interrelated relative presuppositions lead, finally, to an absolute presupposition that defines the source of the concept.

Interpreting Hume’s argument through philosophical method highlights the central dialectic in the complexity of overlapping concepts that determine both the manifestation of practical reason in society and the condition of individual and collective, or public utility within his philosophical-policy: 28 An Evolutionary Paradigm for International Law the tension between process)principle. Hume does not separate the empirical from the normative, but describes these as interrelated concepts, so that justice is simultaneously both an empirical condition of stable coordination and a normative imperative to maintain that equilibrium.

Philosophical-policy, or the application of philosophical method to the organization and integration of a particular system of thought, like Hume’s, provides a lens that allows one to explicate the categories and ideas of a particular policy paradigm. 32 Unlike the typical social science approach to law, the essential definition of the legal concepts involved are systematically identified and argued, rather than assumed; that is, they are studied through the tenets of Collingwood’s philosophical method.

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An Evolutionary Paradigm for International Law: Philosophical Method, David Hume, and the Essence of Sovereignty by John Martin Gillroy (auth.)


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