A Social Theory of International Law: International Relations As a Complex System
There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.
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abstract action system actors analytical concepts Article 9 aspects Charter coexist Cold War collective security system community system complex system conflict Constitution of Japan direct interaction disarmament discussion dispute domestic economic equilibrium example exist fact force functional interaction global community goal Hirose Homo economicus human ideals illegal individual interest system interest-oriented behavior international community international law international peace international relations international relationships Japanese jurisprudence Kellogg-Briand Pact legal system logic means national interests nuclear deterrence nuclear weapons organizations outlawry Parsons parties peace and security principle procedural law prohibition reality regard represent result right of self-defense role system role-expected behavior sanctions Security Council self-organization settlement social phenomena social sciences social system society sociology of law structural-functional structural-functional analysis structure substantive law subsystems supersystem symbol systems term theory threat Treaty U.S.-Japan Security U.S.-Japan Security Treaty UN Charter United Nations variables whole