TY - CHAP
T1 - How to defend international legal method?
AU - Collins, Richard
PY - 2021/7/15
Y1 - 2021/7/15
N2 - In this chapter, I defend the idea of a distinctive methodology for doing international legal research. This methodology might be too easily dismissed as simply “doctrinal” in character: as unreflexive and theoretically impoverished. However, I will use theory, and specifically a normative commitment to the international rule of law - to international “legality” - to defend the systemic (and thus methodological) autonomy of international law. Nevertheless, my aim is also to show an inherent tension in this claim to autonomy, which is capable of being understood in both formal (non-instrumental) and more purposive (instrumental) terms, leading to an intrinsic push and pull between competing legitimacy claims. However, I also show how this structures international legal method, requiring international lawyers in particular to carefully navigate these competing claims, whilst ensuring that ends cannot fully displace means, thus undermining the integrity of the international legal order overall.
AB - In this chapter, I defend the idea of a distinctive methodology for doing international legal research. This methodology might be too easily dismissed as simply “doctrinal” in character: as unreflexive and theoretically impoverished. However, I will use theory, and specifically a normative commitment to the international rule of law - to international “legality” - to defend the systemic (and thus methodological) autonomy of international law. Nevertheless, my aim is also to show an inherent tension in this claim to autonomy, which is capable of being understood in both formal (non-instrumental) and more purposive (instrumental) terms, leading to an intrinsic push and pull between competing legitimacy claims. However, I also show how this structures international legal method, requiring international lawyers in particular to carefully navigate these competing claims, whilst ensuring that ends cannot fully displace means, thus undermining the integrity of the international legal order overall.
U2 - 10.4337/9781788972369.00009
DO - 10.4337/9781788972369.00009
M3 - Chapter
SN - 9781788972352
T3 - Handbooks of Research Methods in Law
SP - 9
EP - 26
BT - Research Methods in International Law. A Handbook
A2 - Deplano, Rossana
A2 - Tsagourias, Nicholas
PB - Edward Elgar Publishing Ltd.
ER -