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  3. Normative Pluralism and International Law
  • Cited by 14
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 April 2013
      22 April 2013
      ISBN:
      9781139567121
      9781107036222
      9781107459779
      DOI:
      https://doi.org/10.1017/CBO9781139567121
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.66kg, 370 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.49kg, 370 Pages
      • Subjects:
      Public International Law, Law, Jurisprudence
      Series:
      ASIL Studies in International Legal Theory
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    • Selected: Digital
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    Subjects:
    Public International Law, Law, Jurisprudence
    Series:
    ASIL Studies in International Legal Theory
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    Book description

    This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

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