Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs

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Cambridge University Press, Apr 26, 1991 - Law - 317 pages
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By 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
The notion of right
155
The question of law
181
The path of legal arguments
212
The international legal order international systems and the comparative analysis of the practice states
249
Notes
263
Index
313
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