Law & Humanities Blog |
- Law and Humanities, June 2011 Issue
- The Intellectual Foundations of International Legal Discourse
- Capturing the "What" of International Criminal Law
| Law and Humanities, June 2011 Issue Posted: 24 Jun 2011 10:05 AM PDT The June issue of Law and Humanities contains: Paul Raffield and Gary Watt, Editorial Christian Biet and Lissa Lincoln, Introduction: Law and Literature Gilles Lhuilier, Law & Literature (as an epistemological break in legal theory) Allison Tait and Luke Norris, Narrative and the Origins of Law Leif Dahlbert, Before the Temple of Justice: Reading Roman Law Reading Klaus Stierstorfer, Klaus, Law and (which?) Literature: New Directions in Post-Theory? Sebastian McEvoy, Slot-Thinking, or Categorisation, in Law and Literature Laurent de Sutter, Piracy as Method: Nine Theses on Law and Literature Marie Bouhaïk-Gironès, Simon Gabay, Jelle Koopmans, and Katell Lavéant, Legal Theory, Legal Practice and Drama Joël Blanchard, A Logic of Appropriation: Practical Relationships between Law and Literature in the Middle Ages Bruno Méniel, Law and Literature in the Humanist Period: Encyclopaedic versus Specialised Thought Romain Descendre, The Experience of Law and Art Literature in the Sixteenth Century: Benvenuto Cellini's La Vita Romain Jobez, From Obsessive Metaphors to Juridical Myth: Some Proposals for a Metaphorical Reading of Early Modern Law and Literature Dominique Goy-Blanquet, Schools of Law, School of Drama Natacha Israël, A Possible Co-Constitution of Theatre, Literature and Law, through the Example of Seventeenth-Century England Stéphanie Loncle, Freedom of the Theatre: A Matter of Law? Martial Poirson, For Extending the Domain of Research between Law, Economics and Literature Christian Delage, Creating an International Court: A Movie Project Jeanne Gaakeer, The Future of Literary-Legal Jurisprudence: Mere Theory or Just Practice? Anna Krakus, Crime Stories: The Polish Secret Police File and the Conflation of the Legal and the Literary Barbara Villez, Law and Literature: A Conjunction Revisited Daniela Carpi, Equity: Assessing the Results of a Project Gary Watt, The To Be Of And: Reflections on the Bridge Paul Raffield, The Oneiric Imagination and the Dream of Law Sandra Travers de Faultrier, Appearing, or 'Face-to-Face' Dialogue Guy Spielmann, Judicial Spectacle Events as Reality and as Fiction Lissa Lincoln, Justice Imagined: Albert Camus' Politics of Subversion Richard H. |
Weisberg, A-N-D
The Intellectual Foundations of International Legal Discourse
Posted: 24 Jun 2011 09:39 AM PDT
Ulkf Linderfalk, Lund University Faculty of Law, has published On the Many Functions of International Legal Concepts, Part One. Here is the abstract.
According to the ontological stance adopted in this essay, a concept is a mental representation. It is the generalized idea of an empirical or normative phenomenon or state of affairs or a class of such phenomena or state of affairs. This essay is concerned with a specific category of concepts typically referred to as "concepts of international or international law" or "international legal concepts." International legal concepts figure prominently in the way international lawyers think and talk about international law. This raises questions about their possible function or functions. Arguably, international legal concepts would not be used on such a large scale if they did not also fill important needs. What exactly are those needs? What does international legal discourse need legal concepts for? The Danish professor Alf Ross wrote on this topic in the beginning of the 1950's. As he observed, the function of legal concepts is intimately connected with their role as meddling links or connectives in legal inferences. This observation led Ross to the conclusion that legal concepts serve to economize the expression of law in verbal form. As I will argue, by reason of their role as meddling links in legal inferences exactly, legal concepts serve a number of other functions as well. To substantiate my argument, in this essay I will illustrate the "camouflaging," "normative," "disclosing," "systemizing," and "formative" functions of legal concepts in international legal discourse.Download the paper from SSRN at the link.
Capturing the "What" of International Criminal Law
Posted: 24 Jun 2011 09:34 AM PDT
Markus D. Dubber, University of Toronto Faculty of Law, has published Common Civility: The Culture of Alegality in International Criminal Law
Least ambitiously, this paper tries to capture the ethos of international criminal law. More ambitiously, it argues that international criminal law is, or can profitably be seen as, an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical-administrative enterprise rather than a legal one. If placed alongside global administrative law, international criminal law appears as alegal rather than illegal, as ignoring the principle of legality, say, rather than violating it, so that to criticize international criminal law for its illegality would be like faulting apples for not producing orange juice, and oranges for not making apple pie.Download the paper from SSRN at the link.
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