In the spirit of ‘thinking through the international' and reflecting on the ways of (historical and juridical) seeing that might enliven (or temper) such thinking, I want to ask a question and make a small plea.
The question concerns what international legal history might look like ‘after method'. I am happy to wear, for these purposes, the too-seamless itinerary assumed by the question; it's not as if, after all, many of the international lawyers who wrote history in the past did not think about method.
What has happened, though, is that there is now a new, probably more systematic, certainly more self-conscious, discipline-wide orientation towards thinking about historical method - and in the aftermath of this change, it has become at least less likely that international legal histories will be written with blitheness about, or resistance to, or disregard for, method. Part of this orientation has required an encounter with, and a taking seriously of, techniques of studying the past found in other fields (‘History' would seem to be a good place to begin), but another part of it has provoked a series of thoughts about what it might mean either to have a historical method that is distinctively legal (one that perhaps learns from the protocols found in other fields but at the same time breaches some of the apparent prohibitions stipulated in those same fields) or to study a context that is somehow linguistic or structural or is, itself, ‘a legal context'.[133]But while much of the chapter describes international law's encounter with method and how the field might look after that encounter, I want to issue a plea concerning the limits of method. Maybe this plea is just another array of questions: Is there method that is not method? Or is method all method? Or, what lies beyond method (or ‘after method') that makes a particular piece of history or legal scholarship attractive to us? The simplest way to put this is to say that when I read international law or fiction, or watch a film, I quite often have a sense - sometimes within minutes - that I am in good or bad hands. And a consideration of this sense cannot be exhausted by an attention to method (or ‘method' does not seem quite the right word to capture our intuitions about these things, or, if you like, our intuitions about intuition).[134] I am not certain how I would describe this quality - I have settled on literary virtue (absent the strong moral implication) but sometimes it appears as a species of writerly ethics, sometimes as a ‘way of seeing' and, no doubt, sometimes it really does map quite neatly onto a set of methodological prescriptions.[135] Warning: for those who don't share this experience (or think the explanations for it are banal), the last part of the chapter will have been in vain.
More on the topic In the spirit of ‘thinking through the international' and reflecting on the ways of (historical and juridical) seeing that might enliven (or temper) such thinking, I want to ask a question and make a small plea.:
- 10.5 THINKING THROUGH THE INTERNATIONAL ORGANISATION
- There are different ways or organising a law of contract. That is as much as to say that there are different ways of responding to the central tasks which contract has to perform.
- Brett Annabel, Donaldson Megan. History, Politics, Law: Thinking through the International Cambridge University Press,2021. — 450 p., 2021
- This is a book about history: the ‘historical turn' in international law on the one hand, and the ‘international turn' in the history of political thought on the other.
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- The idea of the state of nature was a fundamental way for early modern thinkers to make sense of the emergence of the political.[875]
- CHAPTER V The historical record
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- Historical institutionalism
- Interpreting the question
- Researching the question
- part ii Thinking through the Internationa
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- Corresponding to the three elements of the concept of law the elements of social efficacy, correctness of content, and authoritative issuance—are three concepts of validity: the sociological, the ethical, and the juridical.
- 4.1 HISTORICAL PRECINCTS