The search for the foundation of international law

Research output: ThesisMaster's Thesis

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Abstract

[Truncated] This thesis presents a critical evaluation of the historical and theoretical development of international law. It contains three sections: i) Natural Law; ii) Positivist Theory; and iii) Human Rights, Sovereignty and International Law - An Argument for Universal Legal and Philosophical Coherence. Each section situates the theoretical and practical development of international law within its historical, cultural and philosophical context, to establish the distinctive contribution of each period to the historical and dialectical continuity of 2500 years of Western Legal science. Part One surveys the contribution of classical, medieval and Renaissance legal thinkers to the medley of ideas, values and symbols from where the epoch making concepts upon which modern jurisprudence now stands were formulated: namely sovereignty, human rights and international law. This section explores how these philosophers and jurists, inspired and motivated by "natural law" theories of justice attempted to constrain warring states and arbitrary rulers.
Original languageEnglish
QualificationMasters
Awarding Institution
  • The University of Western Australia
DOIs
Publication statusUnpublished - 2001

Fingerprint

international law
natural law
sovereignty
human rights
jurist
Renaissance
jurisprudence
symbol
continuity
justice
science
evaluation
Values

Bibliographical note

This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au

Cite this

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title = "The search for the foundation of international law",
abstract = "[Truncated] This thesis presents a critical evaluation of the historical and theoretical development of international law. It contains three sections: i) Natural Law; ii) Positivist Theory; and iii) Human Rights, Sovereignty and International Law - An Argument for Universal Legal and Philosophical Coherence. Each section situates the theoretical and practical development of international law within its historical, cultural and philosophical context, to establish the distinctive contribution of each period to the historical and dialectical continuity of 2500 years of Western Legal science. Part One surveys the contribution of classical, medieval and Renaissance legal thinkers to the medley of ideas, values and symbols from where the epoch making concepts upon which modern jurisprudence now stands were formulated: namely sovereignty, human rights and international law. This section explores how these philosophers and jurists, inspired and motivated by {"}natural law{"} theories of justice attempted to constrain warring states and arbitrary rulers.",
author = "Melville Thomas",
note = "This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au",
year = "2001",
doi = "10.26182/5d43f365ed1ea",
language = "English",
school = "The University of Western Australia",

}

The search for the foundation of international law. / Thomas, Melville.

2001.

Research output: ThesisMaster's Thesis

TY - THES

T1 - The search for the foundation of international law

AU - Thomas, Melville

N1 - This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au

PY - 2001

Y1 - 2001

N2 - [Truncated] This thesis presents a critical evaluation of the historical and theoretical development of international law. It contains three sections: i) Natural Law; ii) Positivist Theory; and iii) Human Rights, Sovereignty and International Law - An Argument for Universal Legal and Philosophical Coherence. Each section situates the theoretical and practical development of international law within its historical, cultural and philosophical context, to establish the distinctive contribution of each period to the historical and dialectical continuity of 2500 years of Western Legal science. Part One surveys the contribution of classical, medieval and Renaissance legal thinkers to the medley of ideas, values and symbols from where the epoch making concepts upon which modern jurisprudence now stands were formulated: namely sovereignty, human rights and international law. This section explores how these philosophers and jurists, inspired and motivated by "natural law" theories of justice attempted to constrain warring states and arbitrary rulers.

AB - [Truncated] This thesis presents a critical evaluation of the historical and theoretical development of international law. It contains three sections: i) Natural Law; ii) Positivist Theory; and iii) Human Rights, Sovereignty and International Law - An Argument for Universal Legal and Philosophical Coherence. Each section situates the theoretical and practical development of international law within its historical, cultural and philosophical context, to establish the distinctive contribution of each period to the historical and dialectical continuity of 2500 years of Western Legal science. Part One surveys the contribution of classical, medieval and Renaissance legal thinkers to the medley of ideas, values and symbols from where the epoch making concepts upon which modern jurisprudence now stands were formulated: namely sovereignty, human rights and international law. This section explores how these philosophers and jurists, inspired and motivated by "natural law" theories of justice attempted to constrain warring states and arbitrary rulers.

U2 - 10.26182/5d43f365ed1ea

DO - 10.26182/5d43f365ed1ea

M3 - Master's Thesis

ER -