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Article: Conservative and progressive visions in French international legal doctrine

TitleConservative and progressive visions in French international legal doctrine
Authors
Issue Date2005
PublisherOxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/
Citation
European Journal Of International Law, 2005, v. 16 n. 3, p. 525-537 How to Cite?
AbstractHow can one develop a progressive agenda of international law, while at the same time not sacrificing the unity and rigour which traditional formalism can appear to claim? In France formalists will not come out of a limited agenda of preservation of the integrity of the French and other classical states, while the progressives, searching for grounds of solidarity in international society, tread uncertainly in the formlessness of material demands made upon the law. Dupuy finds a material basis of unity of the legal order in a triad comprising the general principles of international law, the instrument of the legal fiction and the Kantian theory of the transcendental grounding of the validity of law. Dupuy places the task of developing such a material law in the hands of the international judiciary, despite reservations about their performance. Indeed, it is difficult to imagine any judiciary with the philosophical skill to undertake the tasks he sets them. In fact it is Pierre Legendre, the type of polymath which French culture so readily supports, who demonstrates how problematic is the formalist legal thinking based upon the classical French state. Despite Dupuy's conciliatory spirit towards his formalist compatriots he has opened a Pandora's box for them. © EJIL 2005; all rights reserved.
Persistent Identifierhttp://hdl.handle.net/10722/155976
ISSN
2015 Impact Factor: 0.913
2015 SCImago Journal Rankings: 0.722
References

 

DC FieldValueLanguage
dc.contributor.authorCarty, Aen_US
dc.date.accessioned2012-08-08T08:39:19Z-
dc.date.available2012-08-08T08:39:19Z-
dc.date.issued2005en_US
dc.identifier.citationEuropean Journal Of International Law, 2005, v. 16 n. 3, p. 525-537en_US
dc.identifier.issn0938-5428en_US
dc.identifier.urihttp://hdl.handle.net/10722/155976-
dc.description.abstractHow can one develop a progressive agenda of international law, while at the same time not sacrificing the unity and rigour which traditional formalism can appear to claim? In France formalists will not come out of a limited agenda of preservation of the integrity of the French and other classical states, while the progressives, searching for grounds of solidarity in international society, tread uncertainly in the formlessness of material demands made upon the law. Dupuy finds a material basis of unity of the legal order in a triad comprising the general principles of international law, the instrument of the legal fiction and the Kantian theory of the transcendental grounding of the validity of law. Dupuy places the task of developing such a material law in the hands of the international judiciary, despite reservations about their performance. Indeed, it is difficult to imagine any judiciary with the philosophical skill to undertake the tasks he sets them. In fact it is Pierre Legendre, the type of polymath which French culture so readily supports, who demonstrates how problematic is the formalist legal thinking based upon the classical French state. Despite Dupuy's conciliatory spirit towards his formalist compatriots he has opened a Pandora's box for them. © EJIL 2005; all rights reserved.en_US
dc.languageengen_US
dc.publisherOxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/en_US
dc.relation.ispartofEuropean Journal of International Lawen_US
dc.titleConservative and progressive visions in French international legal doctrineen_US
dc.typeArticleen_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1093/ejil/chi129en_US
dc.identifier.scopuseid_2-s2.0-27644535911en_US
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-27644535911&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume16en_US
dc.identifier.issue3en_US
dc.identifier.spage525en_US
dc.identifier.epage537en_US
dc.publisher.placeUnited Kingdomen_US
dc.identifier.citeulike259485-

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