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10 - Bricolage

Published online by Cambridge University Press:  03 November 2022

Tommaso Soave
Affiliation:
Central European University, Budapest
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Summary

This chapter turns to the judicial bureaucrats’ review of the facts and evidence on the record. As all soon discover, it is impossible to reconstruct the historical or objective truth behind a case, but only to come up with a persuasive factual narrative that obscures as much as it reveals. What may appear a structured and logical task proves more akin to bricolage. As they parse through the record, bureaucrats are bound to select the facts they deem most salient, ascribe varying weight to the scraps of information they come across, and use whatever is at hand to stitch up an assessment able to withstand scrutiny. Things get even trickier – and more uncertain – where technical or scientific evidence is involved. Some courts are better equipped to engage in extensive factual review than others. These differences notwithstanding, most international judges tend to have little patience for complex evidentiary issues, which they happily delegate to their legal assistants.

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The Everyday Makers of International Law
From Great Halls to Back Rooms
, pp. 185 - 200
Publisher: Cambridge University Press
Print publication year: 2022

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  • Bricolage
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.011
Available formats
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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 Dropbox.

  • Bricolage
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.011
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.

  • Bricolage
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.011
Available formats
×