Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic AffairsBy assessing the impact of norms on decision making, this book argues that norms influence choices by providing reasons rather than by being causes for action. It approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Professor Kratochwil argues that depending on the strictness of the guidance that norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. To that extent, Kratochwil argues that "law" is characterized by a particular mode of reasoning that is a subset of "practical reasoning." While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law such as Grotius, Vattel, Pufendorf, Rousseau, Hume, and Habermas. |
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Contents
Acknowledgements | |
The resort to norms | 1 |
Rules norms and actions laying the conceptual foundations | 21 |
Anarchy and the state of nature the issue of regimes in international relations | 45 |
The emergence and types of norms | 69 |
The force of prescriptions Hume Hobbes Durkheim and Freud on compliance with norms | 95 |
The discourse on grievances Pufendorf and the laws of nature as constitutive principles for the discursive settlement of disputes | 130 |
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accepted action actors analysis appears application approach argue argument attempts basis become certain chapter character choices claims clear concept concerning Consider considerations constitutive context contract conventional Court deal decide decision depends developed discourse discussion distinction duties established example existence expectations explain explicit extent facts force formal function further Furthermore given goals hand human important individual institutions interests international law international relations interpretation involved issue judges largely limited logical matter means moral nature necessary Nevertheless norms objects obligation observation obviously Organization particular parties person political position possible practical precisely principles problem promises question rational reasoning reference regime relevant respect result rhetorical role rules rules and norms seems shared simply situation social society specific structure theory tion understanding University Press validity values various York