Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic AffairsBy 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. |
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 |
Common terms and phrases
action actors analysis argue argument Aristotle assertion bargaining categorical imperative chapter character characterization choices claims Concept of Law concerning conflict considerations context contract conventional coordination coordination game Court criteria criterion Death of Contract decision discussion distinction duties enthymeme established example explain explicit facts formal function further Furthermore goals H. L. A. Hart Hobbes human Ibid important individual institutions interaction interests international law international legal order international relations interpretation issue John Ruggie Jürgen Habermas laws of nature legal reasoning logical means moral Nevertheless obligation obviously particular parties person persuasive political practical reasoning practice-type rules precepts precisely prescriptions principles problem promises Pufendorf question ratio decidendi rational regime relevant rhetorical Richard Falk role Ronald Dworkin rules and norms social soft law sovereign speech acts tacit rules theory third-party tion topoi treaty understanding University Press validity York