dinsdag, juli 09, 2013

SSRN ("Looking Beyond the Tip of the Iceberg: Diplomatic Praxis and Legal Culture in the History of Public International Law"

 

I posted my forthcoming article "Looking Beyond the Tip of the Iceberg: Diplomatic Praxis and Legal Culture in the History of Public International Law" on the SSRN research network. The article is to appear in the second issue of Rechtskultur - Zeitschrift für Europäische Rechtsgeschichte/European Journal of Legal History/Journal européen d'histoire du droit, dedicated to methodology and sources in European Legal History. This -increasingly popular- method of sharing texts before their actual publication is rather new for me. I previously refrained from using SSRN, fearing copyright issues. Consequently, I obtained the main editor's permission to share this pre-peer-reviewed version, before I went ahead with it.

The contribution in question is a synopsis of the methodological and theoretical issues encountered during my doctoral research on the use of legal argumentation by European Diplomacy in the early eighteenth century and after 1945. Tackling such a subject requires training in international law (of course), diplomatic history, international relations and legal history. Consequently, one tries to avoid both evident and hidden pitfalls and traps. A study of "text in context" requires both the rigour of legal reasoning and the collection of salient details in literary, esthetic diplomatic writing. Moreover, the comparison between two epochs seems at first sight a long shot, and many lawyers have their doubts on the use of history to explain contemporary positive norms. Yet, insights from other social sciences (sociology, cultural history, antropology) can help. If you are curious to find out how I suggest resolving the conundrum, I kindly invite you to read the text at this location.

E-Journals: European Public LawLaw and Humanities, Legal History, Political Institutions: International Institutions, Philosophy of Law.


Update 15 November 2013: In the meanwhile, the journal Rechtskultur - Zeitschrift für Europäische Rechtsgeschichte - European Journal of Legal History - Journal européen d'histoire du droit has published its second issue, containing the abovementioned text on the pages 31 to 42. More information: Edition Rechtskultur.

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