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International Legal Theory
International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature (centralized legislature, court with compulsory jurisdiction, or an executive with enforcement powers). Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, whil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just War Theory
The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of #Criteria, criteria, all of which must be met for a war to be considered just. It has been studied by military leaders, theologians, ethicists and policymakers. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. The just war theory presents a justifiable means of war with justice being an objective of armed conflict. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opponents of the just war theory may either be inclined to a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacta Sunt Servanda
''Pacta sunt servanda'' ("agreements must be kept.") is a brocard and a fundamental principle of law which holds that treaties or contracts are binding upon the parties that entered into the treaty or contract. It is customary international law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th. Modern jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent Of The Governed
In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the divine right of kings and has often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy. History The idea that a law derives its validity from the approval of those subject to it can already be found in early Christian author Tertullian, who, in his Apologeticum claims The earliest utterance of the specific term "consent of the governed" seemingly appears in the writings of Scottis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Gentium
In Roman law and legal traditions influenced by it, ''ius gentium'' or ''jus gentium'' (Latin for "law of nations" or "law of peoples") is the law that applies to all ''gentes'' ("peoples" or "nations"). It was an early form of international law, comprising not a body of statute law or legal code, but the customary law thought to be held in common by all in "reasoned compliance with standards of international conduct". ''Ius gentium'' was regarded as a form of '' ius naturale'', or natural law. Unlike '' ius civile'', it applied to all persons and not only Roman citizens, as the rules of ''ius gentium'' could be derived from natural reason as innate in all of mankind. Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divine Retribution
Divine retribution is supernatural punishment of a person, a group of people, or everyone by a deity in response to some action. Many cultures have a story about how a deity imposed punishment on previous inhabitants of their land, causing their doom. An example of divine retribution is the story found in many religions about a great flood destroying all of humanity, as described in the Epic of Gilgamesh, the Hindu Vedas, or the Book of Genesis (6:9–8:22), leaving one principal 'chosen' survivor. In the first example, the survivor is Utnapishtim, in the Hindu Vedas, it is Manu, and in the last example, it is Noah. References in the Old Testament and the Quran to a man named Nuh (Noah) who was commanded by God to build an ark also suggest that one man and his followers were saved in a great flood. Other examples in Bible history include the dispersion of the builders of the Tower of Babel (Genesis 11:1–9), the destruction of Sodom and Gomorrah (Genesis 18:20–21, 19: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morality
Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that is Universal morality, understood to be universal. Morality may also be specifically synonymous with "goodness", "appropriateness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative Ethics, ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e., opposition to that w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universalism
Universalism is the philosophical and theological concept within Christianity that some ideas have universal application or applicability. A belief in one fundamental truth is another important tenet in universalism. The living truth is seen as more far-reaching than the national, cultural, or religious boundaries or interpretations of that one truth. A community that calls itself ''universalist'' may emphasize the universal principles of most religions, and accept others in an inclusive manner. In the modern context, universalism can also mean the Western pursuit of unification of all human beings across geographic and other boundaries under Western values, or the application of really universal or universalist constructs, such as human rights or international law. Universalism has had an influence on modern-day Hinduism, in turn influencing modern Western spirituality. Christian universalism refers to the idea that every human will eventually receive salvation in a reli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just War Theory
The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of #Criteria, criteria, all of which must be met for a war to be considered just. It has been studied by military leaders, theologians, ethicists and policymakers. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. The just war theory presents a justifiable means of war with justice being an objective of armed conflict. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opponents of the just war theory may either be inclined to a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Augustine Of Hippo
Augustine of Hippo ( , ; ; 13 November 354 – 28 August 430) was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Africa. His writings deeply influenced the development of Western philosophy and Western Christianity, and he is viewed as one of the most important Church Fathers of the Latin Church in the Patristic Period. His many important works include '' The City of God'', '' On Christian Doctrine'', and '' Confessions''. According to his contemporary, Jerome of Stridon, Augustine "established anew the ancient Faith". In his youth he was drawn to the Manichaean faith, and later to the Hellenistic philosophy of Neoplatonism. After his conversion to Christianity and baptism in 386, Augustine developed his own approach to philosophy and theology, accommodating a variety of methods and perspectives. Believing the grace of Christ was indispensable to human freedom, he helped formulate the doctrine of original sin and m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bible
The Bible is a collection of religious texts that are central to Christianity and Judaism, and esteemed in other Abrahamic religions such as Islam. The Bible is an anthology (a compilation of texts of a variety of forms) originally written in Hebrew, Aramaic, and Koine Greek. The texts include instructions, stories, poetry, prophecies, and other genres. The collection of materials accepted as part of the Bible by a particular religious tradition or community is called a biblical canon. Believers generally consider it to be a product of divine inspiration, but the way they understand what that means and interpret the text varies. The religious texts were compiled by different religious communities into various official collections. The earliest contained the first five books of the Bible, called the Torah in Hebrew and the Pentateuch (meaning 'five books') in Greek. The second-oldest part was a collection of narrative histories and prophecies (the Nevi'im). The third co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
