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4 - Richard Falk and the Grotian Quest: Towards a Transdisciplinary Jurisprudence

Published online by Cambridge University Press:  28 April 2017

B. S. Chimni
Affiliation:
Jawaharlal Nehru University
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Summary

Among the most sensitive minds writing in the field of international law is that of Richard Falk. A student of Myres McDougal, whose influence he willingly acknowledges, Falk has articulated a distinctive ‘intermediate’ approach to international law that borrows the element of value relevance from the policy-oriented approach and combines it with the element of autonomy from the pure theory of Hans Kelsen. He is thereby able to link law and policy without blurring the distinction between the two. Falk has used the ‘intermediate approach’ to address a whole range of subjects of international law including that of determinacy of rules. Along with McDougal, Falk is among the few international law scholars to deal in their work with all the five logics that co-constitute international law and world order viz., the ‘logic of capital’, the ‘logic of territory’, the ‘logic of nature’, the ‘logic of culture’ and the ‘logic of law’.

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Chapter
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International Law and World Order
A Critique of Contemporary Approaches
, pp. 179 - 245
Publisher: Cambridge University Press
Print publication year: 2017

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