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Title: A philosophy of international law
Authors: Schembri, Guzeppi
Keywords: International law
Law -- Philosophy
International law -- Philosophy
Issue Date: 1993
Citation: Schembri, G. (1993). A philosophy of international law (Master's dissertation).
Abstract: Man is a social being. His social beingness is his nature. It is determined and defined by nature. And, no study of law can be correct nor complete without departing from such basic premise. It is the nature of man to be a social animal, that is an animal having an internal determinism, an antropological fatality to exist within a social structure, created and shaped by man himself not ┬Ěsimply according to his freedom of will but also according to specific natural forces. Thus, man creates and shapes a social organisation which in its turn possesses its own specific laws which again determine man. This 'independent' social organisation created by man determines man himself. This means that there is an interesting dialectical relationship between man and the social structure he himself shapes. Through such social structure created by man, man's environment is made human, and such human environment shapes man. It is in this respect that one is to state that all social and political institutions are forms of man's social beingness. The creation and establishment of socio-political institutions is not based on some ''social contract" between free and equal parties having the option of entering or not entering into such a contract, nor is it based on an a posteriori decision by man facing the calamities of nature, "ma le istituzioni degli uomini, come quelli di ogni ani-male, vengono suggerite dalla natura e sono il risultato dell'istinto guidato dalla molteplicita' della situazioni in cui gli uomini si trovano ..." Men are urged to enter society by a certain propensity of nature.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 1958-2009

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