International Law Theories: An Inquiry into Different Ways of Thinking 1st Edition by Andrea Bianchi – Ebook PDF Instant Download/Delivery: 0198725124, 978-0198725121
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ISBN 10: 0198725124
ISBN 13: 978-0198725121
Author: Andrea Bianchi
International Law Theories: An Inquiry into Different Ways of Thinking 1st Edition: Two fish are swimming in a pond. ‘Do you know what?’ the fish asks his friend. ‘No, tell me.’ ‘I was talking to a frog the other day. And he told me that we are surrounded by water!’ His friend looks at him with great scepticism: ‘Water? What’s that? Show me some water!’
International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up ‘the water’ that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception.
The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
International Law Theories: An Inquiry into Different Ways of Thinking 1st Edition Table of contents:
1. Different Ways of Thinking about International Law
1.1 Aim
1.2 Reflexivity
1.3 Doing Law versus Thinking about Law
1.4 Theory and Practice
1.5 The Scientific Field
1.6 Interdisciplinarity and Its Implications: International Law &…
1.7 Book Structure and Choices
1.8 Theory as Worldmaking
1.9 Takeaways
2. Traditional Approaches
2.1 The Mirror of Tradition
2.2 A Jurisprudence of Boundaries
2.3 Demiurge in the Name of Reason
2.4 Twin Sister of the Official Discourse?
2.5 Style and Attitudes
2.6 Like a Phoenix
3. Constitutionalism and Global Governance
3.1 A ‘German Discipline’
3.2 Domestic Law Paradigms and Beyond 3.3 The End of Politics
3.4 Modes and Techniques
3.5 Global Administrative Law
3.6 Visions of Global Governance
4. Marxism
4.1 Marx as Political Philosopher and Popular Culture Icon
4.2 Soviet Theories Distinguished
4.3 Revived Interest: Between Equal Rights’
4.4 Marxist Analysis: A Tool Kit
4.5 Form versus Content: A Marxist Agenda
4.6 International Law: Doom or Salvation?
5. The New Haven School
5.1 A Man with a Vision
5.2 The Policy-Oriented Approach
5.3 The Dialectics between Authority and Power
5.4 Values and the Goal of International Law
5.5 The Observational Standpoint
5.6 Harvard’s Legal Process School Distinguished
5.7 The New ‘New Haven’ or Transnational Legal Process
5.8 Legacy and Critique
6. International Relations and Social Science Methodologies
6.1 Contested Kinship
6.2 Dual or Double Agenda?
6.3 Resistance
6.4 Interaction(al)
6.5 Dialogue Reviewed
6.6 The Turn to Empirical Studies
6.7 Generic Inroads
7. Critical Legal Studies and the New Stream
7.1 Law is Politics
7.2 Against the Reproduction of Hierarchies
7.3 Critical Theory in International Law Scholarship: the ‘New Stream’
7.4 The Indeterminacy Thesis Applied: ‘From Apology to Utopia’
7.5 ‘New Stream’ Scholarship Legacy
7.6 Style and Critique
7.7 The Profession as Subject
8. The Helsinki School
8.1 The Origin Myth of a Man with Projects
8.2 Critical Introspection and Structural Bias
8.3 (Other) People with Projects: The Turn to History
8.4 Against Managerialism (and Other Styles)
8.5 The Morality of the Agnostic
8.6 Retreat into History
9. Feminism
9.1 Genealogy
9.2 Against Objectivity: Unearthing the Structures of Gender Bias
9.3 Feminist Perspectives and Sensibilities
9.4 Recurrent Dichotomies and Traditional Themes
9.5 The Feminist Paradox: Re-instantiating Difference
9.6 Movement, Critique, and the Quest for Efficacy
10. Third World Approaches
10.1 Unveiling the Hierarchical Nature of International Law
10.2 Sovereignty as Empowerment
10.3 The Emergence of TWAIL II
10.4 History Contested: International Law as Empire
10.5 The New Colonial Order
10.6 Constituting the International: Repoliticizing and Engaging with International Law
11. Legal Pluralism
11.1 Fragments
11.2 Antidote to Fragmentation Anxieties
11.3 Perspectives on Global Law
11.4 Plurality of Social Rationalities
11.5 Pluralism as Professional Opportunity
12. Social Idealism
12.1 Tradition and Discontinuity
12.2 Revolution in the Mind
12.3 Law’s Psychic Existence and Its Function
12.4 Evil
12.5 Path to Redemption
12.6 Apodictic Style
12.7 Thinking the ‘Unthought’: Object and Purpose
13. Law and Economics
13.1 Law is Efficient
13.2 Concepts, Techniques, and Analogies
13.3 Rational Choice Examined
13.4 Sources and Modelling: Customs and Treaties Explained
13.5 World Visions: L&E ‘Lite’
13.6 Rationality Challenged: Behavioural L&E
13.7 Beyond the Can Opener: Problems and Prospects
14. Law and Literature
14.1 The Commonality of Language and the Centrality of Text
14.2 Law in Literature
14.3 Storytelling and Narratives
14.4 Audience and Speaker
14.5 Persuasion, Style, and the Ars Inveniendi
14.6 Rhetoric
14.7 Interpretive Communities
14.8 Navigating through the Human Condition Suggested Readings
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