The Concept of Group Rights in International Law: Groups as Contested Right-Holders, Subjects and Legal Persons

The Concept of Group Rights in International Law: Groups as Contested Right-Holders, Subjects and Legal Persons
ISBN-10
9004228705
ISBN-13
9789004228702
Category
Law
Pages
258
Language
English
Published
2012-08-28
Publisher
Martinus Nijhoff Publishers
Author
Corsin Bisaz

Description

Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.

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