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    Law as Deliberative Discourse: The Politics of International Legal Argument - Social Theory with Historical Illustrations


    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

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    Abstract

    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.

    Item Type: Article
    Keywords: Deliberative Discourse; Politics; International Legal Argument; Social Theory; Historical Illustrations;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 13963
    Depositing User: Oisin Suttle
    Date Deposited: 11 Feb 2021 10:35
    Journal or Publication Title: Journal of International Law and International Relations
    Publisher: Heinonline
    Refereed: Yes
    URI:

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