Suttle, O. (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
Abstract
This article proposes an 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.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016. Journal of International Law & International Relations. This is an author produced version of a paper subsequently published inJournal of International Law and International Relations. Uploaded with permission from the copyright holder. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 24 Nov 2015 15:54 |
Last Modified: | 08 Nov 2016 22:23 |
Published Version: | http://www.jilir.org/docs/issues/volume_12-1/12.1.... |
Status: | Published |
Publisher: | Toronto, Ont. : University of Toronto Faculty of Law and Munk Centre for International Studies |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:91267 |