International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes

Author: Andrea Bianchi; Moshe Hirsch
Publisher: Oxford University Press
ISBN: 9780192847539
Published In: September 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world.

With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

Introduction

Section I. Social Cognition: Foregrounding Information Processing and Recontextualizing International Law

1:Social Cognitive Studies, Sociological Theory, and International Law

Moshe Hirsch

2:Framing in and Through Public International Law

Anne van Aaken and Jan-Philip Elm

3:Cognitive Biases and International Law: What's the Point of Critique?

Ingo Venzke

4:Institutionally Embodied Law: Cognitive Linguistics and the Making of International Law

Jacob Livingston Slosser and Mikael Rask Madsen

5:Prosociality, International Law, and Humanitarian Intervention

Tomer Broude

6:A Worldly Law in a Legal World

Jean d'Aspremont

7:The Invisible Frames Affecting Wartime Investigations: Legal Epistemology, Metaphors, and Cognitive Biases

Shiri Krebs

8:Labels as the Visible Part of International Law's Invisible Frames: The Case of the Framework Convention on Tobacco Control as an 'Evidence-Based' Treaty

Margherita Melillo

Section II. Making Knowledge Production Visible: Structures, Actors, and Processes

9:Knowledge Production in International Law: Forces and Processes

Andrea Bianchi

10:The Discipline as a Field of Struggle: The Politics and Economics of Knowledge Production in International Law

Akbar Rasulov

11:Reflections on the ITU: International Organizations as Epistemic Structures

Jan Klabbers

12:Metaphors of International Law

Harlan Grant Cohen

13:Counterstorytelling in International Economic Law

Matthew Windsor