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

By John Martin Gillroy (auth.)

ISBN-10: 1137376651

ISBN-13: 9781137376657

ISBN-10: 1349477796

ISBN-13: 9781349477791

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Extra info 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.

Language conventions are a common example of this. Therefore, if Hume is truly talking about social convention then he should be describing a coordination game. But he seems to be describing a prisoner’s dilemma in the stabilization of property; so the claim is that his normative standards are either not from social convention or do not describe cooperative behavior toward collective goods. 57 But this solution still replaces the coordination game and its strategic context with the noncooperative environment of the prisoner’s dilemma, which creates a distinct type of convention raised on conflictual foundations, requiring a different set of assumptions and expectations.

However, the third species of goods, our possessions, are not protected from others and are therefore inherently unstable. 43 In addition, humans are relatively equal in their capacity to secure additional Philosophical Method 25 property or interfere with its acquisition on the part of others, both as individuals and in concert with one another. This rough equality further adds to the instability of social relations. ”44 Since the juxtaposition of all three circumstances works against the coordination necessary to maintain fundamental social stability, justice is necessary to secure more stable coordination than the state of natural equality allows.

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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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