Beyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

This article sheds a critical light on judicial dialogue when its purpose and meaning are taken beyond cross-fertilization and comparative reasoning. It cautions against a conceptualization of judicial dialogue as a means to foster commonalities between courts and to legitimize judicial governance. The argument develops from an idealized notion of a ‘transnational judicial public sphere’. In this sphere, domestic, regional and international courts ideally form common opinions through dialogue and pursue common purposes. The danger of this understanding is to construct a new paradigm that not only overlooks important differences in the interest, influence and opinion of courts, but also overstates the socio-normative significance of exchanges between courts and of judicial governance in general. The critical potential of judicial dialogues lies less in the formation of commonalities or in the legitimization of judicial authority than in bringing alternatives and a plurality of opinions to the fore.

This cross-disciplinary symposium on Friedrich Kratochwil's The Status of Law in International Society engages with the interconnections between social knowledge (theory) and action (practice). Each contributor reflects critically on one of Kratochwil's nine meditations. These co-meditations cover not only Kratochwil's work, but they deepen discussions on the role of legal norms in international society, the practice turn, pragmatism, the production of knowledge, and human action. Kratochwil's reply to his co-meditators pushes the limits of prevailing thought on praxis. As a whole, the symposium exemplifies how we find ourselves always in the midst of theory and practice.

In order to understand the concept of law, that is to understand what law is and does, Friedrich Kratochwil proposes to look at how we ‘use’ norms and relate them to actions. His approach promises less theoretical impasses and the ability ‘to go on’. These comments contend that a focus on ‘norm practice’ can only provide a particular understanding of how law functions. The article further suggests that the proposition and contestation of conceptions of law, including the uses of law these conceptions enable and legitimize, form part of the social practice of law. This calls for a comparative perspective.

This foreword frames the Symposium in two ways. It summarises the core themes running through the nine ‘meditations’ in The Status of Law in World Society. Moreover, it places these themes in the wider context of Kratochwil's critical engagement with how we pursue knowledge of and in the social world and translate this knowledge into action. Ultimately, also his pragmatic approach cannot escape the tensions between theory and practice. Instead, we are in the midst of both.