9781108557979

9781108699525

1108699529

1108471250

9781108471251

Electronic reproduction. Cambridge Available via World Wide Web.

Online resource; title from PDF title page (EBSCO, viewed July 27, 2018).

Cover; Half-title; Title page; Copyright information; Dedication; Epigraph; Contents; Acknowledgments; Introduction; The Problem of Praxis and its ''Theoretical'' Implications; The Plan(s) of the Book; The Themes; 1 Constructivism and the Practices of (International) Politics: The Case for a Humean Approach; 1.1 Introduction; The Setting; The Scientific Responses; The Potential of Constructivism; 1.2 The Constructivist ''Core'' and the Need for a ''Thick'' Constructivism; The Hegemonic Discourse and the Constructivist Challenge; The Aristotelian Heritage; The Issue of Cooperation

1.3 The Positive Heuristics of ConstructivismA ''Subversive'' Reading of Hobbes?; The Linguistic Turn; 1.4 The Set of Substantive Problems: Law, Politics, and Society; 1.5 Conclusion; 2 Constituting; 2.1 Introduction; 2.2 The Problem of a ''System,'' the Contested Meaning of ''Society,'' and the Role of Law; The International System; ''Society'' as a Contested Concept; Law and Integration; 2.3 Forms of Differentiation; Segmentation; Centers and Hierarchies; Functional Differentiation; 2.4 Conclusion; 3 Changing; 3.1 Introduction; 3.2 On ''Sovereign Authority''; Bodin and Hobbes

Sovereignty as ''Dominium''3.3 Jurisdiction and Organizations; Two Transformative Moments; 3.4 Conclusion; 4 Showing; 4.1 Introduction; 4.2 The Issues of Transparency; 4.3 Observations and Inspections; 4.4 Ritual Dances and Self-Fulfilling Prophecies; 4.5 Transparency or Accountability: The Media and the Emergence of a Global Public Sphere?; 4.6 Conclusion; 5 Guiding; 5.1 Introduction; 5.2 The Strange Symbiosis of Realism and Legalism; 5.3 Discretion and Uniqueness; 5.4 The Role of Norms: Some Social Science Explanations; Criteria for What Matters; The Crux of Rationalism

Sociologists and Constructivists5.5 Some Common Puzzles: Rule Guidance and Explaining with Norms; 5.6 Practical Reason; Analogical Reasoning; Case-Based Reasoning; Historical Analogies; Precedent in Law; 5.7 Conclusion; 6 Sanctioning; 6.1 Introduction; 6.2 Sanctioning (Approving); 6.3 Sanctions and Self-Help; 6.4 Sanctioned Self-Help: The Feud; 6.5 Self-Defense; 6.6 Countermeasures; 6.7 Sanctions and Multilateralism; 6.8 Reprise: Assessing the Impact of Sanctions by Comparing Cases; 7 Punishing; 7.1 Introduction; 7.2 The Move to Punishment and Its Problems; 7.3 The ''We'' and Authorization

7.4 The Narratives of Law as Management and Law as DeliveranceLaw as Management; Law as Deliverance; 7.5 Getting the Story Right: The Strange Disappearance of Aggression and the Emergence of the (Paradigmatic) Victim and Perpetrator; The Tokyo Trials; Reflecting on Nuremberg: The Strange Fate of ''Aggression''; The Problems of Administering International Criminal Justice; 7.6 Why Not All Roads Should Lead to Rome (or The Hague); The Problem of Political Justice; Verdicts and their Legitimation; Establishing the Record: Zundel, Pétain, Barbie?; 8 Remembering and Forgetting