Book contents
- Responsibility on Trial
- Responsibility on Trial
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The International Legal Field
- 3 The International Criminal Justice Field from Within
- 4 Before Rome
- 5 Drafting the Rome Statute
- 6 Interpreting the Rome Statute
- 7 An Overview of ICC Cases
- 8 The Road to Acquittals
- 9 The Road to Convictions
- 10 Concluding Remarks
- Bibliography
- Index
2 - The International Legal Field
A Practice-Based Perspective
Published online by Cambridge University Press: 09 February 2023
- Responsibility on Trial
- Responsibility on Trial
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The International Legal Field
- 3 The International Criminal Justice Field from Within
- 4 Before Rome
- 5 Drafting the Rome Statute
- 6 Interpreting the Rome Statute
- 7 An Overview of ICC Cases
- 8 The Road to Acquittals
- 9 The Road to Convictions
- 10 Concluding Remarks
- Bibliography
- Index
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.
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- Responsibility on TrialLiability Standards in International Criminal Law, pp. 33 - 62Publisher: Cambridge University PressPrint publication year: 2023