Suttle, Oisin (2016) Law as Deliberative Discourse: The Politics of International Legal Argument - Social Theory with Historical Illustrations. Journal of International Law and International Relations, 12 (1). pp. 151-203. ISSN 1712-2988
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Abstract
In this paper I propose a novel account of international law as a subset of international political argument, in turn understood as a practice of deliberative discourse. I draw on a Habermasian communicative framework to integrate legal and political argument, facilitating a more nuanced and more plausible understanding of how international law and politics interact. Through a detailed examination of two historical cases from the first decade of the Northern Ireland conflict, involving the United Nations and the European Convention on Human Rights respectively, I illustrate three key dimensions of this framework: the relation between legal and political argument; the relation between domestic and international argument; and the distinction between strategic and communicative uses of legal argument.
Item Type: | Article |
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Keywords: | Deliberative Discourse; Politics; International Legal Argument; Social Theory; Historical Illustrations; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 13963 |
Depositing User: | Oisin Suttle |
Date Deposited: | 11 Feb 2021 10:35 |
Journal or Publication Title: | Journal of International Law and International Relations |
Publisher: | Heinonline |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/13963 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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