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2 - The International Legal Field

A Practice-Based Perspective

Published online by Cambridge University Press:  09 February 2023

Liana Georgieva Minkova
Affiliation:
University of Cambridge
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Summary

Chapter 2 positions the book within the interdisciplinary literature on international law and develops its theoretical framework and the concept of intersubjective legalism, borrowing insights from ‘practice’ studies. The research framework builds upon the works of Kratochwil, Brunnée and Toope, and Johnstone, situating the meaning of legal rules within the ‘community of practice’ of international law, which enforces a set of shared understandings about what constitutes sound legal reasoning. Next, Chapter 2 integrates insights from critical legal studies and sociological studies of the juridical field to elucidate the power inequalities shaping interactions inside the community of legal practice. The centrality of expert knowledge as a source of power inside the juridical field suggests a reordering of the traditional perception of international politics: Inside the community of international legal practice states lose their central position, and actors such as judges, legal scholars, and non-governmental organizations gain leverage. The framework presented in Chapter 2 enables the investigation of the politics of the legal field, which take the form of competition over the authority to determine the meaning of legal rules. Finally, this chapter discusses the methods of analysis, namely discourse analysis and interviews.

Type
Chapter
Information
Responsibility on Trial
Liability Standards in International Criminal Law
, pp. 33 - 62
Publisher: Cambridge University Press
Print publication year: 2023

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