Article

Doctrine Versus State Practice

Anthony Carty

in The Oxford Handbook of the History of International Law

Published in print November 2012 | ISBN: 9780199599752
Published online December 2012 | | DOI: http://dx.doi.org/10.1093/law/9780199599752.003.0041

Series: Oxford Handbooks in Law

Doctrine Versus State Practice

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This chapter discusses legal doctrine and the creation of state practice; the doctrinal creation of a state practice; alternative intellectual frames for an understanding of state practice from liberal desire to international administrative law; an intellectual framing of state practice that reintroduces the use of right reason; a Lebow-style classical Greek framing of state practice in the Age of Absolutism; and the legal doctrine as a critique of state practice by the standard of right reason in the Age of Absolutism. It considers the argument that the notion of state practice was an invention of international legal doctrine in the course of the 19th century, alongside the way international lawyers react to the inaccessible character of that practice.

Keywords: legal doctrine; state practice; international administrative law; right of reason; Age of Absolutism

Article.  12274 words. 

Subjects: Law ; History of Law ; International Law

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