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The Assault on International Law
Jens David Ohlin
出版
Oxford University Press
, 2015
主題
Law / Emigration & Immigration
Law / International
Political Science / International Relations / Diplomacy
Political Science / Human Rights
ISBN
0199987408
9780199987405
URL
http://books.google.com.hk/books?id=zxGaBQAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
In recent years, a group of high-profile scholars have attacked the very concept of international law. They argue that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. In The Assault on International Law, Jens David Ohlin exposes the mistaken assumptions of these "New Realists," in particular their utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on an innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans and commitments even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature-a result that is not only legally binding but also in each state's self-interest.