Chapter

What Place for Doctrine in a Time of Fragmentation?

Anthony Carty

in Philosophy of International Law

Published by Edinburgh University Press

Published in print March 2007 | ISBN: 9780748622559
Published online March 2012 | e-ISBN: 9780748652525 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748622559.003.0001
What Place for Doctrine in a Time of Fragmentation?

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This chapter begins with a discussion of a definition of doctrine and its present problematic in public international law. It refers to two recent French works, the Dictionnaire encyclopédique de théorie et de sociologie du droit and a colloquium organised by the legal history department of the University of Picardie (Amiens), La Doctrine juridique. The first provides an authoritative and vital distinction between legal doctrine and legal dogmatics, while the second explains the problematic of keeping the former alive. The chapter then presents an introduction of the figure of Paulus Vladimiri to illustrate how, during the classical medieval period, the distinction between doctrine and dogmatics was clearly understood precisely in the sense outlined in the Dictionnaire. It is only with the coming of the modern period that the former comes to be swallowed up by the latter. The discussion then turns to the role for doctrine in the classical theory of sovereignty and the foundations for a new role for doctrine.

Keywords: public international law; sociologie du droit; La Doctrine juridique; Paulus Vladimiri; dogmatics; sovereignty

Chapter.  10370 words. 

Subjects: Social and Political Philosophy

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