基本説明
This book seeks to pose the question of what - if anything - is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must - inevitably - be used to justify them are irreducibly, radically subjective.
Full Description
Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what - if anything - is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must - inevitably - be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a "turn to literature" and a rehabilitation of the ancient notion of rhetoric.
Contents
The Monograph Series; Foreword; Acknowledgements
Part I Setting the Scene: Chapter I The Scope and Aims of the Book:
Introduction; Some Preliminary Clarifications; Post-Foundationalism; Ethics; Justification and Responsibility; Aims and Limits;
Chapter II International Law and the Critical Challenge:
The Primacy of the Periphery; The Foundational Contradictions of International Legal Thought; Liberalism and the Modern Problematic; The Critical Challenge to International Law;
Chapter III Reactions to the Critical Challenge:
Some Preliminary Exclusions; Modern Reactions; Instrumental Pragmatism; Positivism; Hermeneutics; Confessions, Dichotomies, and Trends at the Periphery; Beyond the Critical Challenge;
Part II The Foundations of a Post-Foundational Ethics: Chapter IV A Common Problematic:
The Common Problematic; Nietzsche and the "Sceptical Attitude"; Ethics in Sartre and Beauvoir; Camus: A Shift in Focus;
Chapter V Foucault, Ethics and Enlightenment:
Power and Freedom; The Legacy of the Enlightenment; The Ethics of Self-Creation; Towards a New Game?
Chapter VI Rorty, Epistemology and Literature:
The Possibility of Other Narratives; The Rejection of Epistemology; The Public, The Private and the "Literary Culture"; The Limits of the Public/Private Metaphor;
Chapter VII The Foundations of a Post-Foundational Ethics:
The Problematic of Ethical Post-Foundationalism;
Two Formal Considerations; Inclusion/Exclusion; The Critical Relation; Arguments to Avoid;
Epistemology; Fetishism; Disingenuity; Argumentation and Literature;
Part III The Turns to Ethics in International Law: Chapter VIII Kratochwil, Rhetoric and Communicative Action:
The Turn(s) to Ethics; Post-foundationalism, Ethics and Norms in Kratochwil; Argumentation and Rhetoric; The Normative Dimension of Communicative Action;
Chapter IX Korhonen, Situationality and "The Cave":
Facing the Post-Foundational; From Silence to the Fortress: Tekhne and Phronesis; The Mysticism of "the Cave" ; A "Retreat" to the Fortress?
Chapter X Franck, Democracy and Fairness:
Franck and Post-foundationalism; The Preconditions of Fairness; Fairness and Democracy; The Disingenuity of Universality;
Chapter XI Rawls and the Law of Peoples:
Rawls' Trajectory; The New "Original" Position; Human Rights and Distributive Justice;
Post-Foundationalism and Justification;
Part IV A Shifting Paradigm?: Chapter XII From Contradiction to Aporia:
Contradiction and Beyond; Apology/Utopia and Absurdity/Responsibility;From Contradiction to Aporia;
Chapter XIII The Recovery of Rhetoric :
The Shifting Paradigm; The Expulsion of Rhetoric; The Recovery of Rhetoric; The Limits of the Argumentative Paradigm;
Chapter XIV The Expansion of Rhetoric:
On Truth in Literature; Beyond Argument; Surface and Enacted Meaning; Ethics and the Literary Rhetorical Paradigm;
Chapter XV The Rhetoric of Eunomia:
Why Eunomia?; The Structures of Eunomia - An Overview; The Rhetoric of Eunomia; Enacted dialectics; Language; Voice; Metaphor; Technique; The Mystification of Society; Eunomia, Philosophy, Literature;
Part V Conclusions: Chapter XVI Framing the Legal Within the Post-Foundational :
On the Idea of Frames; To Recap; Framing the Legal; A Metaphorical Suggestion;
Bibliography; Index.
