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Epistemic Forces In International Law

Epistemic Forces In International Law Foundational Doctrines and Techniques of International Legal Argumentation

Author: Jean d’Aspremont
Publisher: Edward Elgar Publishing
ISBN: 9781781955291

Published In: April 2016
Format: Paperback , 288 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781781955277

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Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.

International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d’Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity.

This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

PART I THE FOUNDATIONAL DOCTRINES 1. Subjects 2. Sources 3. Law-making 4. Organizations 5. Effectiveness PART II THE ARGUMENTATIVE TECHNIQUES 6. Methodology 7. Interpretation 8. Writing 9. Dissemination 10. Blogging Index

Jean d’Aspremont, Professor, University of Manchester, UK and University of Amsterdam, the Netherlands

‘Jean d'Aspremont is one of the more thoughtful and creative international legal academics of his generation. In this volume of essays, he aims to explore how the 'invisible college of international lawyers' (to use a famous phrase) works, based on the idea that insight into the way international lawyers work will also tell us something of great value about international law itself. The result is sometimes compelling, sometimes controversial, and invariably thought-provoking: a must-read for the self-reflective international lawyer.’
– Jan Klabbers, University of Helsinki, Finland