David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper argues that the concerns and methodology of the recently completed Report of the International Law Commission (ILC) over the fragmentation of international law presuppose a particular way of understanding legal language which tends to separate the understanding of rules from their factual adaptability to certain recurring social problems faced within specific institutional contexts. The paper argues that separating rules from their factual adaptability focuses the analysis on surface coherence - coherence at the level of abstract terms and phrases. It is the argument of this paper that this presupposition is not warranted, and that the understanding of rules cannot be thus separated. An alternative model of the understanding of legal language is developed on the basis of the work of Bernard Jackson and Geoffrey Samuel. This is further supplemented by the approach to the study of institutional contexts in the recent work of Robert Summers and John Bell. Together, these resources can lead to the analysis of the deep coherence of the international legal order, that being one that prioritizes not the unity of that order, but its responsiveness. The ideal of responsive law is elaborated upon by reference to the work of Philip Selznick and Philippe Nonet. Finally, a different agenda for the ILC is offered on the basis of the methodology of deep coherence. The upshot is that the paper calls for a reorientation of international legal theory, away from concerns about 'the law itself' and towards an engagement with the responsiveness of legal work performed in international legal institutions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Dick W. P. Ruiter (1998). Structuring Legal Institutions. Law and Philosophy 17 (3):215 - 232.
P. W. (1998). Structuring Legal Institutions. Law and Philosophy 17 (3):215-232.
Amalia Amaya (2011). Legal Justification by Optimal Coherence. Ratio Juris 24 (3):304-329.
Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.
Jean D'Aspremont & Frédéric Dopagne, Two Constitutionalisms in Europe: Pursuing an Articulation of the European and International Legal Orders.
Veronica Rodriguez-Blanco (2010). Objectivity in Law. Philosophy Compass 5 (3):240-249.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #647,778 of 1,726,249 )
Recent downloads (6 months)1 ( #369,877 of 1,726,249 )
How can I increase my downloads?