Chapter

Lessons from the Discontent with Formalism

d'Aspremont Jean

in Formalism and the Sources of International Law

Published in print September 2011 | ISBN: 9780199696314
Published online January 2012 | e-ISBN: 9780191732201 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696314.003.0006

Series: Oxford Monographs in International Law

Lessons from the Discontent with Formalism

Show Summary Details

Preview

This chapter elaborates on the lessons learnt from some of the objections formulated against the classical theory of the sources of international law. It argues that these objections help critically appraise the limits of the source and social theses. In particular, it explains that it is only once we assume formalism as a political project and accept the relative indeterminacy of formal law-ascertainment criteria as well as the normative character of the empirical methodology inherent in the social thesis that we can engage in its rejuvenation in the context of international law.

Keywords: critical appraisal; relative indeterminacy; formalism; empirical methodology; social thesis

Chapter.  5867 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.