Institutions | About Us | Help | Gaeilge
rian logo


Mark
Go Back
Law as Deliberative Discourse: The Politics of International Legal Argument - Social Theory with Historical Illustrations
Suttle, Oisin
In this paper I propose a novel 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.
Keyword(s): Deliberative Discourse; Politics; International Legal Argument; Social Theory; Historical Illustrations
Publication Date:
2016
Type: Journal article
Peer-Reviewed: Yes
Institution: Maynooth University
Citation(s): Suttle, Oisin (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
Publisher(s): Heinonline
File Format(s): other
Related Link(s): http://mural.maynoothuniversity.ie/13963/1/Suttle-LawasDeliberativeDiscourse.pdf
First Indexed: 2021-02-16 06:05:44 Last Updated: 2021-02-16 06:05:44