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Sunday, March 24, 2019

Law Of Nations: An Overview :: essays research papers

Law of Nations An OverviewHuman nature consists of three basic components. These are to live, to dispel and to dominate. If Humanity was left without any other parameters,this natural state of organism would govern its behavior. Fortunately, thereare parameters that exist. These parameters are constabulary. The topic of this paperaddresses the flake of constabulary that operates in creating potential boundaries forthe behavior of states. This legal philosophy is called the Law of Nations or world(prenominal)law. Patrick Moynihan, a senator from New York, has written a book on thissubject called On the Law of Nations. His book argues that states need internationalistic law to monitor their actions and to maintain order. He alsonotes the frequent departures states do from international law. This essaywill reflect his plea to return to the norms that international law providesit will also discuss and identify the moral dilemmas that are wassail withinternational law and its relat ionship with states.     The term "laisser aller" or "letting go" is used by Friedrich Nietzscheto describe this state of nature, in which man resides absently of law. Hisuse of the term represents the struggle morality wages against nature andreason. He equates morality in any form, with "tyranny and unreason."Nietzsche proposes that mans natural existence be, in essence, nihilistic.Logically, the political entity known as the state, created by man will acquirethese traits. Thus, the conclusion is that the creation and institution ofinternational law are in direct violation to nature.     However, international law exists and states "generally" submitthemselves to it. . Since roughly of this law is derived from codified norms ofstates, the term submission can be used. in that respect is a disservice committed tohumanity when the law is broken, not provided to those who are weaker in the globalcommunity but to the law itself. A violent raping of the law is committed whenit is taken in an a la carte form. The constant shifting back and forth frominternational law to nature creates an incoherent system and a basis forcalling the black eye to the natural state, evil. In this setting "illegal"unilateral action is immoral. Conversely, the bond to the law is equallyimmoral. This conclusion is drawn from the virtue of integrity. Either confuse acommitment to comply with morality or completely stop from a hypocriticalform of servicing the law with words and no conformity. Consistency, is anextremely important factor of a system of law.     Moynihan argues that the United realm has begun to traverse a pathleading away from its adherence to international law.

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