Jump to ContentJump to Main Navigation
Formalism and the Sources of International LawA Theory of the Ascertainment of Legal Rules$
Users without a subscription are not able to see the full content.

Jean d'Aspremont

Print publication date: 2011

Print ISBN-13: 9780199696314

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199696314.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 October 2019

Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law

Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law

Chapter:
(p.118) 5 Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law
Source:
Formalism and the Sources of International Law
Author(s):

d'Aspremont Jean

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696314.003.0005

This chapter recalls that it is not a coincidence that the growing abandonment of formal law-identification criteria in the international legal scholarship has taken place against the backdrop of the dramatic pluralization of norm-making at the international level. It then depicts some of the manifestations of the deformalization of law-ascertainment currently witnessed in the international legal scholarship. It first expounds on some of the most common forms of non-formal law-ascertainment yardsticks which are used by international legal scholars and international lawyers. It then explains how this has generated a general acceptance of the idea of softness of legal concepts. It finally says a few words on the various agendas pursued by each of these different types of deformalization in the theory of sources of international law.

Keywords:   deformalization, softness, legal scholarship, pluralisation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .