POL340Y1 Chapter Notes - Chapter 2: Pragmatism, Jack Goldsmith, Eric Posner
Document Summary
Laying down of law by sovereign entity, laws are effective when measured against another moral standard. States still cooperate and bind selves without one sovereign international leader. Follow il out of sense of duty/morality (kantian) Positivism does not capture the actual behaviour of states. Law becomes a tool of the powerful, not a restraint on power. Customary law created from practice of customs (creates consent) States which have neither practiced / participated in custom are still bound by these rules (never consents) Creation of soft law which develops into harder law (ex: un declaration of human. Different theories have turned into reality --> complexity of il. Large measure of autonomy to over 300 member polities of empire. Medieval would turn to power of church / pope, did not recognize any other being higher than states. Europe partitioned into states and used sovereignty to regulate relations. More distinct definitions about who counts as a state.
