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: 21 October 2019

Lessons from the Discontent with Formalism

Lessons from the Discontent with Formalism

Chapter:
(p.137) 6 Lessons from the Discontent with Formalism
Source:
Formalism and the Sources of International Law
Author(s):

d'Aspremont Jean

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696314.003.0006

This chapter elaborates on the lessons learnt from some of the objections formulated against the classical theory of the sources of international law. It argues that these objections help critically appraise the limits of the source and social theses. In particular, it explains that it is only once we assume formalism as a political project and accept the relative indeterminacy of formal law-ascertainment criteria as well as the normative character of the empirical methodology inherent in the social thesis that we can engage in its rejuvenation in the context of international law.

Keywords:   critical appraisal, relative indeterminacy, formalism, empirical methodology, social thesis

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 .