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Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law  

Mónica García-Salmones Rovira

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter traces the legal and political principles of two important schools of the twentieth century—the New Haven School and the School of Carl Schmitt—and situates them in their ... More

Sources in the Anti-Formalist Tradition: ‘That Monster Custom, Who Doth All Sense Doth Eat’  

Upendra Baxi

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter explores the dialectics of international customary law. It argues that custom is at once a sheet anchor of public international law and its rope of sand as well. The chapter ... More

Sources in the Meta-History of International Law: From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order  

Anthony Carty and Anna Irene Baka

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and ... More

Sources in the Meta-History of International Law: A Little Meta-Theory—Paradigms, Article 38, and the Sources of International Law  

Mark Weston Janis

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter introduces a ‘meta-theory’ of international law. It employs the insights of Thomas Kuhn, who argued that once a paradigm has been accepted by a scientific community, most ... More

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