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    D'ASPREMONT, JEAN 2016. Martti Koskenniemi, the Mainstream, and Self-Reflectivity. Leiden Journal of International Law, Vol. 29, Issue. 03, p. 625.


    Schweiger, Elisabeth 2015. The risks of remaining silent: international law formation and the EU silence on drone killings. Global Affairs, Vol. 1, Issue. 3, p. 269.


    RADI, YANNICK 2014. In Defence of ‘Generalism’ in International Legal Scholarship and Practice. Leiden Journal of International Law, Vol. 27, Issue. 02, p. 303.


    VENZKE, INGO 2014. What Makes for a Valid Legal Argument?. Leiden Journal of International Law, Vol. 27, Issue. 04, p. 811.


    D'ASPREMONT, JEAN and VAN DEN HERIK, LARISSA 2013. The Public Good of Academic Publishing in International Law. Leiden Journal of International Law, Vol. 26, Issue. 01, p. 1.


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  • Leiden Journal of International Law, Volume 25, Issue 3
  • September 2012, pp. 575-602

Wording in International Law

Abstract
Abstract

Since the demise of philosophical foundationalism and that of the Aristotelian idea of an inner meaning of words, scholarship about international law is no longer perceived as a mining activity geared towards the extraction of pre-existing meaning. Rather, international legal scholarship is in a state of fierce competition for persuasiveness and semantic authority. This does not elevate persuasiveness into the determinant of legality, nor does it lead to a total rejection of the internal point of view. The configuration of that competition for naming is informed by the current structure (and the membership) of the interpretative community of international law. In this competition for naming, words constitute semantic weaponry. Mention is made here of uses of words in international law to create textual economy, generate semantic instability, rough out and hone scholarly ideas, enhance textual aesthetics, yield empiricism, create straw men and preserve the argumentative character of scholarly idea, gratify oneself, boost fame and careers, and intimidate peers. It is also argued that there is nothing to rein in in the use of such semantic tactics in the interpretative community of international law, for paradigmatic revolution is meant to be permanent. It is only if international legal scholars were to lose their social identity that the competition for naming and the interpretative community of international law would vanish altogether.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

M. Koskenniemi , ‘International Law and Hegemony: A Reconfiguration’, (2004) 17 Cambridge Review of International Affairs 197

M. Waibel , ‘Demystifying the Art of Interpretation’, (2011) 22 EJIL 571

M. Greenberg , ‘Legislation as Communication? Legal Interpretation and the Study of Linguistic Communication’, in A. Marmor and S. Soames (eds.), Philosophical Foundations of Language in the Law (2011)

I. de la Rasilla del Moral , ‘Martti Koskenniemi and the Spirit of the Beehive in International Law’, (2010) 10 Global Jurist 1

A. Ross , ‘Tû-tû’, (1956–57) 70 Harvard Law Review 812

J. Beckett , ‘Countering Uncertainty and Ending Up/Down Arguments: Prolegomena to a Response to NAIL’, (2005) 16 EJIL 213

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Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
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