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Formalism and the Sources of International Law - A Theory of the Ascertainment of Legal Rules (Hardcover)
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Formalism and the Sources of International Law - A Theory of the Ascertainment of Legal Rules (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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This book revisits the theory of the sources of international law
from the perspective of formalism. It critically analyzes the
virtues of formalism, construed as a theory of law ascertainment,
as a means of distinguishing between law and non-law. The theory of
formalism is re-evaluated against the backdrop of the growing
acceptance by international legal theorists of the blurring of the
lines between law and non-law. At the same time, the book
acknowledges that much international normative activity nowadays
takes place outside the ambit of traditional international law and
that only a limited part of the exercise of public authority at the
international level results in the creation of international legal
rules. The theory of ascertainment that the book puts forward
attempts to dispel some of the illusions of formalism that
accompany the delimitation of customary international law. It also
sheds light on the tendency of scholars, theorists, and advocates
to deformalize the identification of international legal rules with
a view to expanding international law. The book seeks to revitalize
and refresh the formal identification of rules by engaging with
some tenets of the postmodern critique of formalism. As a result,
the book not only grapples with the practice of law-making at the
international level, but it also offers broad theoretical insights
on international law, dealing with the main schools of thought in
legal theory (positivism, naturalism, legal realism,
policy-oriented jurisprudence, and postmodernism).The main theory
of law ascertainment presented in this work rests on a rejuvenated
and modernized version the social thesis found in English
analytical jurisprudence.
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