The status quo is something that seemingly flawed, according to many political theorists. In the writings of Chantal Delsol, the problems of the current international political and legal sphere are examined and deciphered to fix all of the “problems” that, according to Delsol, plague society. In Unjust Justice, she brings a realist approach to international law similar to Hans Morgenthau, arguing that the state of anarchy with is fueled through plurality is more favorable to an international state of monopolized ideals. Grappling with the idealism and realism, Chantal Delsol adopts the ideas of many political theorists to paint a picture of ideal international politics by discussing war and international law from a lens of an idealist while embracing the principles of realism when evaluating morality.
When discussing all topics, Delsol consistently pushes the need for diversity and how it is necessary for political life and achieving the common good – Aristotle. Delsol argues that it is “secret dream of Western Europe since at least the twentieth century, the dream of replacing politics.” (Unjust Justice, 102) She points out that there can be no politics if there was a homogenous international law or morality Quoting memorie du ma ,tentation du bien, Delsol points out that “several conceptions of the good can coexist,”(36) which furthers her point of international law pointing out that it “imposes” (36) one truth on all people and banishes the opportunity to discuss what
How does this issue affect nursing practice, healthcare delivery and health outcomes for individual, families and/or
Evaluate the effectiveness of legal and non-legal measures in resolving conflict and working towards word world order.
e.g.: If person A has political power over B, then A is able to motivate, inspire, incite,
had to have daily check ups from health officials for a total of 21 days straight. These policies
George Kennan says, “Morality in governmental method, as a matter of conscience and preference on the part of our people – yes.” He goes on to say that morality as a criterion for measuring and comparing the behavior of states is flawed. Morality is a preference, not a requirement to govern in the international anarchic system, Kennan argues. Ethics and justice in the international system are measured by how states satisfy varying moral requirements. These moral requirements are defined by a variety of schools of thought, including: Realists, Morality of States theorists, and Cosmopolitans. Realists may validate some action where morality of state theorists and cosmopolitans are fundamentally opposed. In this paper I will
When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.
There are two, key conflicting theories in the study of international relations, idealism and realism, known to scholars as the ‘Great Debate’. Realism, offers an account of international affairs through four central ideas; that states are the key players in international relations, the decentralised international stage is anarchic, actors are rational and self-interested
Although the aspirations and goals of states are often motivated by external political pressures, analysis of recent foreign policy decisions demonstrates how internal political forces can play equally crucial roles in the pursuit and execution of these objectives. Thus, it would be invalid to claim that domestic politics and the nature of regimes play minor roles in either the goals a state pursues or the means it employs to reach them. By understanding how the diffusion of power in governments affect policy decisions, one can develop increased awareness of the linkages that exist between the internal pressures of domestic politics and the external forces of foreign politics.
It is possible to announce that the post-9/11 era produces unjust modern society though media propaganda, coercion of civil liberties and racial/gendered profiling where the political reality overrides the social reality by politicizing the social contract through criminal law. In this case, social phenomenon, terrorism, is criminalized under ius in bello principle. Consequently ius in bello becomes justified and produces the emergency situation generating unbalanced binary between political and social realities, and between fundamental belief and norms. Therefore, the very existence of an individual yields a risk for the western political regime, which produces anti-democratic policies that are produced through compliance to ius in bello principle. This displays a paradox where a subculture of cult liberties, e.g. the ‘bikie’ culture, is turned into network of organized crime (Morgan and Dagistanli,2010:583).
Global Politics The study of international or rather global politics, seeks to provide an account of politics in the broadest domain. The domain of international politics in the twenty-first century is characterised by the increasing number of actors pursuing common and personal interests. It is largely due to the globalised, interdependent nature of the current international political environment that the concepts of sovereignty and power deserve further evaluation.
The United Nations’ Universal Declaration of Human Rights stands as the current gold standard for every individual’s rights. Focusing on culture, one may see that cultural rights are not clearly defined and are oftentimes in conflict with other types of rights. In this paper, I will first discuss the United Nations’ use of ‘cultural’ in its universal human rights in relation to the concept of cultural relativism. Then, using South African and American practices, such as virginity testing and discriminatory criminal justice system respectively, I will describe and analyze practices violate the UN’s universal human rights in addition to the practices’ use for the community or society as a whole. Lastly, I will compare the American Anthropological Association’s rights to culture to the UN’s universal human rights by analyzing the limitations of each.
Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase “a desk used by George Washington himself after his retirement from the Presidency”. The sum of $500,000 was to be paid to Yankee Antiques after 30 days of
Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
Abstract: Which political and juridical foundation can justify the transit from the Western, particular, to the universal? John Rawls tries to answer this question in his article, "The Law of Peoples," proposing a kind of contract or agreement. A first agreement should be attained among liberal-democratic societies on a few political and social issues such as human rights. Then this agreement can be widened to non-liberal/democratic but well organized hierarchical societies or those that satisfy the requisites of being peaceful, of having a reasonably well organized legal system, of admitting a measure of freedom-political and religious-and of admitting the right of emigration. These two