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Beyond Anachronism: Histories of International Law and Global Legal Politics

Beyond Anachronism: Histories of International Law and Global Legal Politics AbstractThis article presents a critique of recent writings, mainly by Anne Orford, of historical methodologies in international law as supposedly focused on rooting out anachronism and separating history from the politics of the present. First, the article shows that this (mis)characterization of historical methods is based on a misreading of the work of Quentin Skinner and the Cambridge School. Second, it argues that Orford errs in assuming that the Cambridge School is representative of historical approaches. The article exposes this error by tracing key strands of socio-legal study of global legal history. That literature has generated new insights about such topics as vernacular discourses of international law and the influence of patterns of colonial politics on global ordering. This new global legal history takes ‘legal politics’ as its object of analysis while merging the study of praxis and theory in the history of international law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of the History of International Law / Revue d'histoire du droit international Brill

Beyond Anachronism: Histories of International Law and Global Legal Politics

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References (31)

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-199X
eISSN
1571-8050
DOI
10.1163/15718050-12340100
Publisher site
See Article on Publisher Site

Abstract

AbstractThis article presents a critique of recent writings, mainly by Anne Orford, of historical methodologies in international law as supposedly focused on rooting out anachronism and separating history from the politics of the present. First, the article shows that this (mis)characterization of historical methods is based on a misreading of the work of Quentin Skinner and the Cambridge School. Second, it argues that Orford errs in assuming that the Cambridge School is representative of historical approaches. The article exposes this error by tracing key strands of socio-legal study of global legal history. That literature has generated new insights about such topics as vernacular discourses of international law and the influence of patterns of colonial politics on global ordering. This new global legal history takes ‘legal politics’ as its object of analysis while merging the study of praxis and theory in the history of international law.

Journal

Journal of the History of International Law / Revue d'histoire du droit internationalBrill

Published: Aug 10, 2018

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