John Martin Gillroy - Academia.edu (original) (raw)
Papers by John Martin Gillroy
Environmental Risk, Environmental Values, and Political Choices, 2019
A basic challenge of contemporary thought is to better understand the origin, persistence, and fu... more A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive philosophy rather than isolated theory and recognizes a proper logical metaphysics of absolute and relative presuppositions rather than a positive legal practice isolated from its inherent philosophical determinants
This book conceptualizes international law as an expression of practical reason, focusing on the ... more This book conceptualizes international law as an expression of practical reason, focusing on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. John Martin Gillroy transcends conventional social scientific method, political theory, and its understanding of global governance to make the study of the philosophical underpinnings of international law accessible, grounded, and practical. This book provides analytic tools for understanding globalization, international legal thought, legal theory, and political philosophy, offering engaging insights on a complex field of study. It outlines the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source, locus, and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility, to a balance dominated by legal right, and finally to a dialectic of duty to humanity and nature.
Page 1. JOHN TIN GttLROY KANTIAN PHILOSOPHIC ENVIRONMENTAL POM, &THELAW Page 2. Page 3. JUSTI... more Page 1. JOHN TIN GttLROY KANTIAN PHILOSOPHIC ENVIRONMENTAL POM, &THELAW Page 2. Page 3. JUSTICE & NATURE Kantian Philosophy, Environmental Policy, & the Law Thi s One Page 4. Page 5. JUSTICE & NATURE ...
Environmental Ethics, 1992
An Evolutionary Paradigm for International Law, 2013
Hume’s philosophical-policy provides a dynamic definition of governance drawn from social convent... more Hume’s philosophical-policy provides a dynamic definition of governance drawn from social convention that is neither as static nor as demanding in terms of enforcement as is normally assumed within a positivist conceptualization of a legal system. Instead, governance through process-norms allows many different levels and complexities of sanctions to be judged equally as international law, with the sole criterion that they ensure the process of cooperation. For Hume, international governance is an evolving set of prelegal and legal sanctions measured by the amount of institutional practice needed for the persistence of convention in the face of growing social complexity. This makes sovereignty a creature of the systematic policy precept of progressive codification as the rule of adjudication within Hume’s concept of law. Next, the legal design extrapolation describes international law in terms of a multistage model for the balancing and rebalancing of process↹principle. Lastly, case analysis provides evidence that Hume’s philosophy-policy illuminates legal practice to a degree positivism cannot.
Sovereignty is a central concept in international law. But there is no concept that generates as ... more Sovereignty is a central concept in international law. But there is no concept that generates as much confusion among scholars and practitioners. While there is general agreement that sovereignty, as the absolute power of the state to exist without transnational restrictions, has no application within the contemporary international system, this is where the agreement stops. Social science cannot seem to provide any single conceptualization of sovereignty that can not only describe the past and understand the dilemmas of the present but also predict the trends of the future with reasonable authority.
List of Tables and Figures Foreword Preface Acknowledgments Introduction: Practical Reason, Moral... more List of Tables and Figures Foreword Preface Acknowledgments Introduction: Practical Reason, Moral Capacities, and Environmental Choices The Critical Argument: Moving beyond Market AssumptionsThe Constructive Argument: Kantian Ethics and Practical ChoiceJustice from Autonomy and Ecosystem Policy ArgumentNotes to Introduction Part I Economic Policy Argument and Environmental Metapolicy 1. The Market Paradigm and Comprehensive Policy Argument Practical Reason, Argument, and the Policy ProcessPolicy Design: The Strategy and TActics of Public ChoiceThe Economic Design Approach and Comprehensive Policy ArgumentThe Market Paradigm and Comprehensive Policy ArgumentA Context Model for the Market ParadigmFrom Strategy to TacticsNotes to Chapter 1 2. The Theory of Environment Risk: Preference, Choice, and Individual WelfareThe Economic Viewpoint: From Private Exchange to Public Choice?the Strategic Nature of the Polluter's DilemmaEnvironmental Risk and the Imprisoned RiderEfficiency, Moral...
Journal of Defense Studies and Resource Management, 2017
The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for... more The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered in terms of the ideas within the issue, their definition, overlap and systematic interdependence. In this working paper, I will employ a logic of concepts from David Hume’s Philosophical-Policy to provide a unique and more complete logic of legal investigation for the illumination of the ICJ Advisory Opinion On The Legality of Nuclear Weapons.
Legal Authority beyond the State
The American Political Science Review, 1994
Public decisions on environmental risk have traditionally been weighed in terms of the principle ... more Public decisions on environmental risk have traditionally been weighed in terms of the principle of efficiency and its methodologies, such as cost-benefit analysis. These original essays argue for moving beyond the market paradigm toward making policy that incorporates environmental values.
American Political Science Review, 1992
American Behavioral Scientist, 1997
How can public managers hope to incorporate the imperatives of postmodern theory into their concr... more How can public managers hope to incorporate the imperatives of postmodern theory into their concrete daily decisions? This article is an attempt to give an analytic tool to the administrator in the form of a formal logic of questions—Comprehensive Policy Argument (CPA). This analysis tool, in the spirit of postmodernism, allows one to deconstruct the methods of conventional efficiency analysis into its fundamental assumptions and principles so that these can be consciously scrutinized. In addition, it opens up the possibility of converting nonmarket assumptions about individuals, collective action, and the role of the state into alternative theoretical foundations for practical policy argument and choice.
American Political Science Review, 1994
Hume's philosophical-policy does not characterize the sovereign state as a moral individual but a... more Hume's philosophical-policy does not characterize the sovereign state as a moral individual but as a social construction promoting the systematic policy precept of nonintervention as its international rule of change. This lens dramatically redefines both the state's sovereign status and its purpose within international law. The state becomes an elective institutional structure, created by social convention settling on one equilibrium within the global coordination game rather than another. Next, a case study involving the ascendance of World Trade Organization (WTO) dispute settlement is used to extrapolate the legal design implications of change. Lastly, the erosion of Justice-As-Sovereignty is tracked through a series of jurisdictional and immunity cases. I. Hume's Philosophical Insight: The State as a Social Construction Another remnant of modern positivism is the conviction that the state ought to be treated as a moral person. This is traced back to Thomas Hobbes' Leviathan. Hobbes' assumption was that the institutional structure of the sovereign state is a necessary prerequisite to justice in collective action. Sovereign power was treated as a product of critical principle establishing the state as an end-in-itself with self-interest, power, and the natural law
An Evolutionary Paradigm for International Law
Hume's philosophical-policy does not characterize the sovereign state as a moral individual but a... more Hume's philosophical-policy does not characterize the sovereign state as a moral individual but as a social construction promoting the systematic policy precept of nonintervention as its international rule of change. This lens dramatically redefines both the state's sovereign status and its purpose within international law. The state becomes an elective institutional structure, created by social convention settling on one equilibrium within the global coordination game rather than another. Next, a case study involving the ascendance of World Trade Organization (WTO) dispute settlement is used to extrapolate the legal design implications of change. Lastly, the erosion of Justice-As-Sovereignty is tracked through a series of jurisdictional and immunity cases. I. Hume's Philosophical Insight: The State as a Social Construction Another remnant of modern positivism is the conviction that the state ought to be treated as a moral person. This is traced back to Thomas Hobbes' Leviathan. Hobbes' assumption was that the institutional structure of the sovereign state is a necessary prerequisite to justice in collective action. Sovereign power was treated as a product of critical principle establishing the state as an end-in-itself with self-interest, power, and the natural law
Environmental Risk, Environmental Values, and Political Choices, 2019
A basic challenge of contemporary thought is to better understand the origin, persistence, and fu... more A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive philosophy rather than isolated theory and recognizes a proper logical metaphysics of absolute and relative presuppositions rather than a positive legal practice isolated from its inherent philosophical determinants
This book conceptualizes international law as an expression of practical reason, focusing on the ... more This book conceptualizes international law as an expression of practical reason, focusing on the genesis of modern international law in the essence of the concept of sovereignty. Utilizing the philosophical method of R.G. Collingwood, the essence of sovereignty is sought in a dialectical model drawn from the philosophy of David Hume. John Martin Gillroy transcends conventional social scientific method, political theory, and its understanding of global governance to make the study of the philosophical underpinnings of international law accessible, grounded, and practical. This book provides analytic tools for understanding globalization, international legal thought, legal theory, and political philosophy, offering engaging insights on a complex field of study. It outlines the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source, locus, and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility, to a balance dominated by legal right, and finally to a dialectic of duty to humanity and nature.
Page 1. JOHN TIN GttLROY KANTIAN PHILOSOPHIC ENVIRONMENTAL POM, &THELAW Page 2. Page 3. JUSTI... more Page 1. JOHN TIN GttLROY KANTIAN PHILOSOPHIC ENVIRONMENTAL POM, &THELAW Page 2. Page 3. JUSTICE & NATURE Kantian Philosophy, Environmental Policy, & the Law Thi s One Page 4. Page 5. JUSTICE & NATURE ...
Environmental Ethics, 1992
An Evolutionary Paradigm for International Law, 2013
Hume’s philosophical-policy provides a dynamic definition of governance drawn from social convent... more Hume’s philosophical-policy provides a dynamic definition of governance drawn from social convention that is neither as static nor as demanding in terms of enforcement as is normally assumed within a positivist conceptualization of a legal system. Instead, governance through process-norms allows many different levels and complexities of sanctions to be judged equally as international law, with the sole criterion that they ensure the process of cooperation. For Hume, international governance is an evolving set of prelegal and legal sanctions measured by the amount of institutional practice needed for the persistence of convention in the face of growing social complexity. This makes sovereignty a creature of the systematic policy precept of progressive codification as the rule of adjudication within Hume’s concept of law. Next, the legal design extrapolation describes international law in terms of a multistage model for the balancing and rebalancing of process↹principle. Lastly, case analysis provides evidence that Hume’s philosophy-policy illuminates legal practice to a degree positivism cannot.
Sovereignty is a central concept in international law. But there is no concept that generates as ... more Sovereignty is a central concept in international law. But there is no concept that generates as much confusion among scholars and practitioners. While there is general agreement that sovereignty, as the absolute power of the state to exist without transnational restrictions, has no application within the contemporary international system, this is where the agreement stops. Social science cannot seem to provide any single conceptualization of sovereignty that can not only describe the past and understand the dilemmas of the present but also predict the trends of the future with reasonable authority.
List of Tables and Figures Foreword Preface Acknowledgments Introduction: Practical Reason, Moral... more List of Tables and Figures Foreword Preface Acknowledgments Introduction: Practical Reason, Moral Capacities, and Environmental Choices The Critical Argument: Moving beyond Market AssumptionsThe Constructive Argument: Kantian Ethics and Practical ChoiceJustice from Autonomy and Ecosystem Policy ArgumentNotes to Introduction Part I Economic Policy Argument and Environmental Metapolicy 1. The Market Paradigm and Comprehensive Policy Argument Practical Reason, Argument, and the Policy ProcessPolicy Design: The Strategy and TActics of Public ChoiceThe Economic Design Approach and Comprehensive Policy ArgumentThe Market Paradigm and Comprehensive Policy ArgumentA Context Model for the Market ParadigmFrom Strategy to TacticsNotes to Chapter 1 2. The Theory of Environment Risk: Preference, Choice, and Individual WelfareThe Economic Viewpoint: From Private Exchange to Public Choice?the Strategic Nature of the Polluter's DilemmaEnvironmental Risk and the Imprisoned RiderEfficiency, Moral...
Journal of Defense Studies and Resource Management, 2017
The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for... more The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered in terms of the ideas within the issue, their definition, overlap and systematic interdependence. In this working paper, I will employ a logic of concepts from David Hume’s Philosophical-Policy to provide a unique and more complete logic of legal investigation for the illumination of the ICJ Advisory Opinion On The Legality of Nuclear Weapons.
Legal Authority beyond the State
The American Political Science Review, 1994
Public decisions on environmental risk have traditionally been weighed in terms of the principle ... more Public decisions on environmental risk have traditionally been weighed in terms of the principle of efficiency and its methodologies, such as cost-benefit analysis. These original essays argue for moving beyond the market paradigm toward making policy that incorporates environmental values.
American Political Science Review, 1992
American Behavioral Scientist, 1997
How can public managers hope to incorporate the imperatives of postmodern theory into their concr... more How can public managers hope to incorporate the imperatives of postmodern theory into their concrete daily decisions? This article is an attempt to give an analytic tool to the administrator in the form of a formal logic of questions—Comprehensive Policy Argument (CPA). This analysis tool, in the spirit of postmodernism, allows one to deconstruct the methods of conventional efficiency analysis into its fundamental assumptions and principles so that these can be consciously scrutinized. In addition, it opens up the possibility of converting nonmarket assumptions about individuals, collective action, and the role of the state into alternative theoretical foundations for practical policy argument and choice.
American Political Science Review, 1994
Hume's philosophical-policy does not characterize the sovereign state as a moral individual but a... more Hume's philosophical-policy does not characterize the sovereign state as a moral individual but as a social construction promoting the systematic policy precept of nonintervention as its international rule of change. This lens dramatically redefines both the state's sovereign status and its purpose within international law. The state becomes an elective institutional structure, created by social convention settling on one equilibrium within the global coordination game rather than another. Next, a case study involving the ascendance of World Trade Organization (WTO) dispute settlement is used to extrapolate the legal design implications of change. Lastly, the erosion of Justice-As-Sovereignty is tracked through a series of jurisdictional and immunity cases. I. Hume's Philosophical Insight: The State as a Social Construction Another remnant of modern positivism is the conviction that the state ought to be treated as a moral person. This is traced back to Thomas Hobbes' Leviathan. Hobbes' assumption was that the institutional structure of the sovereign state is a necessary prerequisite to justice in collective action. Sovereign power was treated as a product of critical principle establishing the state as an end-in-itself with self-interest, power, and the natural law
An Evolutionary Paradigm for International Law
Hume's philosophical-policy does not characterize the sovereign state as a moral individual but a... more Hume's philosophical-policy does not characterize the sovereign state as a moral individual but as a social construction promoting the systematic policy precept of nonintervention as its international rule of change. This lens dramatically redefines both the state's sovereign status and its purpose within international law. The state becomes an elective institutional structure, created by social convention settling on one equilibrium within the global coordination game rather than another. Next, a case study involving the ascendance of World Trade Organization (WTO) dispute settlement is used to extrapolate the legal design implications of change. Lastly, the erosion of Justice-As-Sovereignty is tracked through a series of jurisdictional and immunity cases. I. Hume's Philosophical Insight: The State as a Social Construction Another remnant of modern positivism is the conviction that the state ought to be treated as a moral person. This is traced back to Thomas Hobbes' Leviathan. Hobbes' assumption was that the institutional structure of the sovereign state is a necessary prerequisite to justice in collective action. Sovereign power was treated as a product of critical principle establishing the state as an end-in-itself with self-interest, power, and the natural law