The Widening Gyre: Legal Formalism and International Law's Sense of Place
| Autor: | Christopher R. Rossi |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
History
Polymers and Plastics Human rights Formalism (philosophy) media_common.quotation_subject Sense of place International law Indigenous rights Industrial and Manufacturing Engineering Appropriation Political science Legal formalism Business and International Management Legal practice Law and economics media_common |
| Zdroj: | SSRN Electronic Journal. |
| ISSN: | 1556-5068 |
| Popis: | The United States’ approach to international law developed significantly after the Civil War in conjunction with the rise of legal formalism. The professionalization of American legal practice, the maturation of the European jus publicum, and a rising tide of support for international law and institutions conjoined to strengthen legal formalism’s entry into the twentieth century. However, this article holds that the application of legal formalism began earlier than usually construed. It also contained internal contradictions that never dealt definitively with the assertion of republican virtues in view of originary problems of slavery and engagement with Natives. Important spatial considerations immanent to the application of formalism imputed Anglophone, European, and Christian concepts of land appropriation and management to international law and to frontier expansion. These considerations constricted indigenous and subaltern conceptions of place, which remains today a problem not in the least as applied to international law’s engagement with transglobalism and resource extraction. International law’s difficult encounter with competing notions of geospace helps to explain the impediments to the fuller expression of human rights and indigenous rights and why these projects remain resistance movements. The thought here is that they will remain resistance movements until international law broadens its notion of place and takes more seriously spatiality’s effect on the construction of international law. |
| Databáze: | OpenAIRE |
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