We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
A Practice-Based Perspective
Published online by Cambridge University Press: 09 February 2023
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.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
