A Social Theory of International Law: International Relations As a Complex System

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Martinus Nijhoff Publishers, Jan 1, 2003 - Law - 316 pages
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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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Contents

Toward an Integrated Understanding of Society
1
The Basic Concepts of Systems Theory
25
Action Systems as Complex Systems
45
Toward an Understanding of the SelfOrganizing Nature
87
The Relationship of the Present Theory to Parsons
121
The Outlawry of
139
How Can Japan Help to Change the World?
219
Rules of Substantive Law 262
262
Bibliography
299
Index
311
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