{"title":"自由与否?","authors":"M. Zürn","doi":"10.1093/oso/9780198843603.003.0009","DOIUrl":null,"url":null,"abstract":"This chapter is a comment on Jean d’Aspremont’s suggestion that the very question of the rise and decline of international law is an expression of liberal thinking as predominant in international law and that the conception of non-state actors depends on liberal theory. While there is no doubt that both the question about the rise and decline of international law and the very concept of non-state actors is compatible with liberal theory, the chapter argues that the connection is much looser than assumed by d’Aspremont. In doing so, this chapter discusses different versions of liberal theory and then goes on to show that different social theories may have varying notions of the law, but most of them are definitely interested in the question of the rise or decline of law. Similarly, the relationship between the rise of international law and non-state actors is multifaceted and of potential interest for liberal, realist, and critical theory.","PeriodicalId":112523,"journal":{"name":"The International Rule of Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Liberal or Not?\",\"authors\":\"M. Zürn\",\"doi\":\"10.1093/oso/9780198843603.003.0009\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter is a comment on Jean d’Aspremont’s suggestion that the very question of the rise and decline of international law is an expression of liberal thinking as predominant in international law and that the conception of non-state actors depends on liberal theory. While there is no doubt that both the question about the rise and decline of international law and the very concept of non-state actors is compatible with liberal theory, the chapter argues that the connection is much looser than assumed by d’Aspremont. In doing so, this chapter discusses different versions of liberal theory and then goes on to show that different social theories may have varying notions of the law, but most of them are definitely interested in the question of the rise or decline of law. Similarly, the relationship between the rise of international law and non-state actors is multifaceted and of potential interest for liberal, realist, and critical theory.\",\"PeriodicalId\":112523,\"journal\":{\"name\":\"The International Rule of Law\",\"volume\":\"6 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-08-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The International Rule of Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oso/9780198843603.003.0009\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The International Rule of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198843603.003.0009","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本章是对Jean d 'Aspremont的建议的评论,即国际法的兴衰问题是自由主义思想在国际法中占主导地位的一种表达,非国家行为体的概念取决于自由主义理论。毫无疑问,国际法的兴衰问题和非国家行为体的概念本身都与自由主义理论相一致,但本章认为,这种联系比德斯普雷蒙特所假设的要松散得多。在此过程中,本章讨论了自由主义理论的不同版本,然后继续表明,不同的社会理论可能有不同的法律概念,但他们中的大多数肯定对法律的兴起或衰落问题感兴趣。同样,国际法的兴起与非国家行为体之间的关系是多方面的,对自由主义、现实主义和批判理论都有潜在的兴趣。
This chapter is a comment on Jean d’Aspremont’s suggestion that the very question of the rise and decline of international law is an expression of liberal thinking as predominant in international law and that the conception of non-state actors depends on liberal theory. While there is no doubt that both the question about the rise and decline of international law and the very concept of non-state actors is compatible with liberal theory, the chapter argues that the connection is much looser than assumed by d’Aspremont. In doing so, this chapter discusses different versions of liberal theory and then goes on to show that different social theories may have varying notions of the law, but most of them are definitely interested in the question of the rise or decline of law. Similarly, the relationship between the rise of international law and non-state actors is multifaceted and of potential interest for liberal, realist, and critical theory.