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Introduction

Published online by Cambridge University Press:  16 July 2009

Martti Koskenniemi
Affiliation:
University of Helsinki
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Summary

This is not only a book in international law. It is also an exercise in social theory and in political philosophy. One of the principal theses of the book is that it is neither useful nor ultimately possible to work with international law in abstraction from descriptive theories about the character of social life among States and normative views about the principles of justice which should govern international conduct. Indeed, many international lawyers have recognized that this is so. They have stressed the need to elaborate more fully on the social determinants of State conduct. And they have emphasized the law's instrumental role in fulfilling normative ideals of “world order”. But they have had difficulty to integrate their descriptive and normative commitments into analytical studies about the content of the law. Typically, reflection on the “political foundations” of international law has been undertaken in the introductory or “methodological” sections of standard treatises. These have had only marginal – if any – consequence on the doctrinal elaborations of different areas of international law. Lawyers seem to have despaired over seeing their specific methodology and subject-matter vanish altogether if popular calls for sociological or political analyses are taken seriously. Ultimately, they believe, there is room for a specifically “legal” discourse between the sociological and the political – a law “properly so called”, as Austin put it – and that this is the sphere in which lawyers must move if they wish to maintain their professional identity as something other than social or moral theorists.

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Chapter
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From Apology to Utopia
The Structure of International Legal Argument
, pp. 1 - 15
Publisher: Cambridge University Press
Print publication year: 2006

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  • Introduction
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.002
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  • Introduction
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.002
Available formats
×