[DOWNLOAD] "Evil Regimes of Law: Challenges for Legal Theory and for International Law." by University of Western Sydney Law Review * eBook PDF Kindle ePub Free

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• Title: Evil Regimes of Law: Challenges for Legal Theory and for International Law.
• Author : University of Western Sydney Law Review
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 284 KB

Description

I INTRODUCTION This paper is concerned with the ethical dimension of the concept of legal system, both at a national and at an international level. The notion of an 'evil system of law' is an important yet troubling one. From the point of view of jurisprudence, evil regimes of law are either a contradiction in terms, or are deeply troubling. If an evil (or even merely bad) system of law is by definition not a system of law at all, as broadly claimed by theorists of the natural law orientation, (1) then evil regimes masquerading as legal systems need to be unmasked in that respect, as well presumably as resisted or challenged in other ways. They must be shown not to be legal systems at all. This would still raise difficult questions about the identification of 'goodness' and 'badness,' but would avoid the particularly tricky jurisprudential questions of how to describe and to 'interrogate' systems that are at the same time legal systems and systems that are to be reviled. That is to say, if there is anything at all in the legal positivist (2) claim that legality is not absolutely incompatible with malevolence, then a whole series of theoretical challenges arise. These challenges include questions about the differentiation between good and bad legal systems, about boundary cases between those types, and about historical transition from one type to another--for example a good legal system going bad or a bad legal system going 'good.' (3) But the challenges concern international as well as municipal (national) legal arrangements, and therefore contribute to an understanding of what might be called the nexus between ethics and world order.

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