International Law Theories: An Inquiry into Different Ways of Thinking
Andrea Bianchi
Published:
2016
Online ISBN:
9780191792533
Print ISBN:
9780198725114
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International Law Theories: An Inquiry into Different Ways of Thinking
Andrea Bianchi
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Andrea Bianchi
Pages
21–43
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Published:
November 2016
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Abstract
This chapter means to cover the traditional approach(es), understood as the way in which international law is taught in most law schools, in most countries, most of the time. Its main purpose is to make the reader aware of the hidden presuppositions of the traditional discourse of international law and to have them reflect critically on its main claims, i.e. the impartiality, neutrality, and objectivity of the system. Other themes dealt with in this chapter include: the importance of the domestic law analogy; the role of reason as a justifying principle; the emphasis on judicial determinations and the case law of international tribunals; the distinction between lex lata and lex ferenda; the strict separation between law and other so-called ‘extra-legal considerations’, in particular politics; and the uneasiness in dealing with values and the outright refusal to admit to their relevance to the legal discourse.
Keywords: positivism, formalism, neutrality, objectivity, autonomy of law, lex lata, lex ferenda, reason
Subject
Jurisprudence and Philosophy of Law Public International Law
Collection: Oxford Scholarship Online
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