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51 produkter

Oxford Handbook of the Sources of International Law
AvSevrine Knuchel,Samantha Bessonm. fl.
E-bok
PDF, Engelska, 2017
2 466 kr
Läs direkt efter köp
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
Oxford Handbook of the Sources of International Law
AvSevrine Knuchel,Samantha Bessonm. fl.
E-bok
Engelska, 2017
2 492 kr
Läs direkt efter köp
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
Formalism and the Sources of International Law
A Theory of the Ascertainment of Legal Rules
AvJean d'Aspremont
E-bok
PDF, Engelska, 2013
426 kr
Läs direkt efter köp
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that muchinternational normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules.The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. Asa result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, andpostmodernism).This paperback edition features the author''s discussion of this book on the EJIL Talk blog.
Formalism and the Sources of International Law
A Theory of the Ascertainment of Legal Rules
AvJean d'Aspremont
E-bok
Engelska, 2013
342 kr
Läs direkt efter köp
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that muchinternational normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules.The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. Asa result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, andpostmodernism).This paperback edition features the author''s discussion of this book on the EJIL Talk blog.
Discourse on Customary International Law
AvJean d'Aspremont
E-bok
PDF, Engelska, 2021
309 kr
Läs direkt efter köp
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the ''discursive splendour'' of customary international law.The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
Discourse on Customary International Law
AvJean d'Aspremont
E-bok
Engelska, 2021
312 kr
Läs direkt efter köp
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the ''discursive splendour'' of customary international law.The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
The Discourse on Customary International Law
AvJean d'Aspremont
Inbunden, Engelska, 2021
1 404 kr
Skickas inom 5-8 vardagar
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law.The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
The Discourse on Customary International Law
AvJean d'Aspremont
Häftad, Engelska, 2021
365 kr
Skickas inom 5-8 vardagar
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law.The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
The Oxford Handbook of the Sources of International Law
AvJean d'Aspremont,Samantha Bessonm. fl.
Inbunden, Engelska, 2017
3 200 kr
Skickas inom 7-10 vardagar
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law.The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
International Law and Universality
AvIsil Aral,Jean d'Aspremont
Inbunden, Engelska, 2024
1 467 kr
Skickas inom 7-10 vardagar
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
International Law and Universality
AvJean d'Aspremont,Isil Aral
E-bok
PDF, Engelska, 2024
1 503 kr
Läs direkt efter köp
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
International Law and Universality
AvJean d'Aspremont,Isil Aral
E-bok
Engelska, 2024
1 518 kr
Läs direkt efter köp
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Formalism and the Sources of International Law
A Theory of the Ascertainment of Legal Rules
AvJean d'Aspremont
Häftad, Engelska, 2013
551 kr
Skickas inom 7-10 vardagar
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
Formalism and the Sources of International Law
A Theory of the Ascertainment of Legal Rules
AvJean d'Aspremont
Inbunden, Engelska, 2011
2 422 kr
Skickas inom 5-8 vardagar
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules.The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism).The main theory of law ascertainment presented in this work rests on a rejuvenated and modernized version the social thesis found in English analytical jurisprudence.
Participants in the International Legal System
Multiple Perspectives on Non-State Actors in International Law
AvJean d'Aspremont
Inbunden, Engelska, 2011
2 258 kr
Skickas inom 10-15 vardagar
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
Participants in the International Legal System
Multiple Perspectives on Non-State Actors in International Law
AvJean d'Aspremont
Häftad, Engelska, 2012
1 054 kr
Skickas inom 10-15 vardagar
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
The Epistemology of the Secret
International Law as Revelation
AvJean d'Aspremont
Inbunden, Engelska, 2025
1 253 kr
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In this groundbreaking work, Jean d'Aspremont undertakes the first study of the epistemology of the secret of international law, which is a specific intellectual posture whereby international law is considered to be replete with secrets that international lawyers ought to reveal. In addition to arguing that the epistemology of the secret of international law is everywhere at work in international legal thought and practice, d'Aspremont demonstrates why this posture must be scrutinized, given how much it enables certain sayings, thoughts, perceptions and actions while simultaneously disabling others, making it complicit with the worst forms of capitalism, colonialism, racism, bourgeois ideology, phallocentrism, virilism and masculinism. This book should be read by anyone interested in how international law came to do what it does and why it must be rethought.
Epistemology of the Secret
International Law as Revelation
AvJean d'Aspremont
E-bok
PDF, Engelska, 2025
1 467 kr
Läs direkt efter köp
Epistemology of the Secret
International Law as Revelation
AvJean d'Aspremont
E-bok
Engelska, 2025
1 452 kr
Läs direkt efter köp
Experiences of International Organizations
A Phenomenological Approach to International Institutional Law
AvJean d'Aspremont
Inbunden, Engelska, 2023
1 663 kr
Skickas inom 5-8 vardagar
This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood and captured by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance. Adopting a unique phenomenological approach, Jean d’Aspremont questions the key patterns of thought that inform the legal practice of international organizations, arguing that said organizations are the product of five specific experiences: affection, insulation, edification, restriction, and conciliation. Through this critical lens, d’Aspremont highlights the limits of the current conceptualizations of international organizations which populate legal practice and legal literature. In doing so, the book crucially develops contemporary discourse on how international lawyers build their claims about the status, rights, duties, responsibilities, failures and falls of international organizations; and assesses how international organizations are thought about in relation to international law, international relations and studies of global governance. Insightful and thought-provoking, this distinct approach will be a fundamental resource for researchers, scholars and theorists in law and politics, legal theory, international relations and public international law. Professionals and practitioners working in these sectors will also find this book an enlightening read.
Experiences of International Organizations
A Phenomenological Approach to International Institutional Law
AvJean d'Aspremont
E-bok
PDF, Engelska, 2023
413 kr
Läs direkt efter köp
This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood and captured by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.
Adopting a unique phenomenological approach, Jean d’Aspremont questions the key patterns of thought that inform the legal practice of international organizations, arguing that said organizations are the product of five specific experiences: affection, insulation, edification, restriction, and conciliation. Through this critical lens, d’Aspremont highlights the limits of the current conceptualizations of international organizations which populate legal practice and legal literature. In doing so, the book crucially develops contemporary discourse on how international lawyers build their claims about the status, rights, duties, responsibilities, failures and falls of international organizations; and assesses how international organizations are thought about in relation to international law, international relations and studies of global governance.
Insightful and thought-provoking, this distinct approach will be a fundamental resource for researchers, scholars and theorists in law and politics, legal theory, international relations and public international law. Professionals and practitioners working in these sectors will also find this book an enlightening read.
After Meaning
The Sovereignty of Forms in International Law
AvJean d’Aspremont
Häftad, Engelska, 2023
372 kr
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Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law.After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book’s engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.
Nyhet
Law of Things
On the Return of the Precritical
AvJean d'Aspremont
E-bok
PDF, Engelska, 2026
733 kr
Läs direkt efter köp
The Law of Things examines how law operates not only through words but through things, systematically conferring upon the world, the State, the people, sex, race, nature, and culture a thingly materiality treated as outside language, representation, and perception. It argues that law, in thingifying what it encounters, makes use of a precritical and authoritarian epistemology that forecloses contestation across legal and political life.Drawing on intellectual history, critical theory, poststructuralism, linguistics, and Science & Technology Studies, the book offers a wholly original framework for understanding how thingness functions as a mode of governance. It reveals the discursive mechanics by which law renders its objects aconstructed and self-evident, producing zones of uncriticability that silence the speaking observer and narrow the space of critique. Chapter by chapter, it defines thingification as a distinct epistemic operation, traces its lineage through the history of thought, diagnoses its contemporary resurgence, maps seven domains in which law endows what it encounters with thingness, exposes the fascist grammar that shadows such epistemologies, and develops a counter-posture (countermateriality) that upholds a minimal materiality necessary for law to remain a tool of interruption and resistance. The book thus does not merely lament the return of precritical thinking. It also defends the constructivist conditions under which critique itself can survive.This book speaks to legal scholars, legal philosophers, intellectual historians, and critical theorists, as well as anyone engaged with contemporary debates in epistemology, discourse studies, and political thought.
Nyhet
Law of Things
On the Return of the Precritical
AvJean d'Aspremont
E-bok
Engelska, 2026
725 kr
Läs direkt efter köp
The Law of Things examines how law operates not only through words but through things, systematically conferring upon the world, the State, the people, sex, race, nature, and culture a thingly materiality treated as outside language, representation, and perception. It argues that law, in thingifying what it encounters, makes use of a precritical and authoritarian epistemology that forecloses contestation across legal and political life.Drawing on intellectual history, critical theory, poststructuralism, linguistics, and Science & Technology Studies, the book offers a wholly original framework for understanding how thingness functions as a mode of governance. It reveals the discursive mechanics by which law renders its objects aconstructed and self-evident, producing zones of uncriticability that silence the speaking observer and narrow the space of critique. Chapter by chapter, it defines thingification as a distinct epistemic operation, traces its lineage through the history of thought, diagnoses its contemporary resurgence, maps seven domains in which law endows what it encounters with thingness, exposes the fascist grammar that shadows such epistemologies, and develops a counter-posture (countermateriality) that upholds a minimal materiality necessary for law to remain a tool of interruption and resistance. The book thus does not merely lament the return of precritical thinking. It also defends the constructivist conditions under which critique itself can survive.This book speaks to legal scholars, legal philosophers, intellectual historians, and critical theorists, as well as anyone engaged with contemporary debates in epistemology, discourse studies, and political thought.
Nyhet
Law of Things
On the Return of the Precritical
AvJean d'Aspremont
Inbunden, Engelska, 2026
2 455 kr
Skickas inom 10-15 vardagar
The Law of Things examines how law operates not only through words but through things, systematically conferring upon the world, the State, the people, sex, race, nature, and culture a thingly materiality treated as outside language, representation, and perception. It argues that law, in thingifying what it encounters, makes use of a precritical and authoritarian epistemology that forecloses contestation across legal and political life.Drawing on intellectual history, critical theory, poststructuralism, linguistics, and Science & Technology Studies, the book offers a wholly original framework for understanding how thingness functions as a mode of governance. It reveals the discursive mechanics by which law renders its objects aconstructed and self-evident, producing zones of uncriticability that silence the speaking observer and narrow the space of critique. Chapter by chapter, it defines thingification as a distinct epistemic operation, traces its lineage through the history of thought, diagnoses its contemporary resurgence, maps seven domains in which law endows what it encounters with thingness, exposes the fascist grammar that shadows such epistemologies, and develops a counter-posture (countermateriality) that upholds a minimal materiality necessary for law to remain a tool of interruption and resistance. The book thus does not merely lament the return of precritical thinking. It also defends the constructivist conditions under which critique itself can survive.This book speaks to legal scholars, legal philosophers, intellectual historians, and critical theorists, as well as anyone engaged with contemporary debates in epistemology, discourse studies, and political thought.
Nyhet
Law of Things
On the Return of the Precritical
AvJean d'Aspremont
Häftad, Engelska, 2026
633 kr
Skickas inom 10-15 vardagar
The Law of Things examines how law operates not only through words but through things, systematically conferring upon the world, the State, the people, sex, race, nature, and culture a thingly materiality treated as outside language, representation, and perception. It argues that law, in thingifying what it encounters, makes use of a precritical and authoritarian epistemology that forecloses contestation across legal and political life.Drawing on intellectual history, critical theory, poststructuralism, linguistics, and Science & Technology Studies, the book offers a wholly original framework for understanding how thingness functions as a mode of governance. It reveals the discursive mechanics by which law renders its objects aconstructed and self-evident, producing zones of uncriticability that silence the speaking observer and narrow the space of critique. Chapter by chapter, it defines thingification as a distinct epistemic operation, traces its lineage through the history of thought, diagnoses its contemporary resurgence, maps seven domains in which law endows what it encounters with thingness, exposes the fascist grammar that shadows such epistemologies, and develops a counter-posture (countermateriality) that upholds a minimal materiality necessary for law to remain a tool of interruption and resistance. The book thus does not merely lament the return of precritical thinking. It also defends the constructivist conditions under which critique itself can survive.This book speaks to legal scholars, legal philosophers, intellectual historians, and critical theorists, as well as anyone engaged with contemporary debates in epistemology, discourse studies, and political thought.
International Legal Positivism in a Post-Modern World
AvJörg Kammerhofer,Jean D'Aspremont
Inbunden, Engelska, 2014
1 777 kr
Skickas inom 11-20 vardagar
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.
International Law as a Profession
AvJean d'Aspremont,Tarcisio Gazzinim. fl.
Inbunden, Engelska, 2017
1 715 kr
Skickas inom 11-20 vardagar
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Del 133 - Cambridge Studies in International and Comparative Law
International Law as a Belief System
AvJean d'Aspremont
Inbunden, Engelska, 2017
1 428 kr
Skickas inom 11-20 vardagar
International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (such as sources, responsibility, statehood, personality, interpretation and jus cogens) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.
Del 133 - Cambridge Studies in International and Comparative Law
International Law as a Belief System
AvJean d'Aspremont
Häftad, Engelska, 2018
431 kr
Skickas inom 11-20 vardagar
International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (such as sources, responsibility, statehood, personality, interpretation and jus cogens) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.

Jean d'Aspremont – författare

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