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The 'Idea' of International Law: A Critical Theory

Nicholson, MC; (2013) The 'Idea' of International Law: A Critical Theory. Doctoral thesis , UCL (University College London).

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Abstract

On the basis of Frankfurt School critical theory and, in particular, the work of Walter Benjamin and Theodor Adorno, this thesis argues for an original, critical theory of international law’s ontology and practice. That argument develops out of a critique of three theoretical approaches to international law – the technological-industrial or positivist approach, the New Haven, legal realist approach, and the Critical Legal Studies, discourse approach. The recent debate concerning the fragmentation of international law is used, in chapter one, to illustrate the interaction between these three approaches and their limitations. The ultimate aim of the thesis is to present and defend a theory of international law based on the representation of life, reality, and nature as an alternative to theoretical approaches which emphasise legal control and domination of life, reality, and nature.

Type: Thesis (Doctoral)
Title: The 'Idea' of International Law: A Critical Theory
Language: English
Additional information: Permission for digitisation not received.
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1389070
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