The Theorist as Judge

Hersch Lauterpacht's Concept of the International Judicial Function

Bibliographic Data

ID12199511
AuthorsIain Scobbie (0000-0002-5291-0079, University of Glasgow, corresponding author), I G M Scobbie
Year1997
Volume8
Issue2
Pages264-298
Publication date1997-01-01
Open AccessNo
TypeARTICLE
VenueEuropean Journal of International Law (JOURNAL)
Journal identifiersISSN: 0938-5428 • E-ISSN: 1464-3596
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/oxfordjournals.ejil.a015566
OpenAlexW2136210532
LanguageEN
Citations received3
References cited1

An Introduction For British international lawyers, Hersch Lauterpacht is still a dominant presence. His work is a benchmark, an intellectual paradigm encapsulating an approach to international law which has been profoundly influential and which continues to exert a sway in British institutions. The thesis of this paper is that Lauterpacht's discharge of the judicial function constituted the implementation of his theory of international law.1 Unlike some others, I do not adhere to the view that Lauterpacht contributed to the homicide of international law theory in Britain.2 My core position is rather to the contrary. Lauterpacht was essentially a theorist who found himself in the happy position of being able to practise his theory as a judge of the International Court of Justice. His writings attest that he was acutely aware that theoretical predisposition inevitably affects the practice of international law.3 Following Lauterpacht's death in 1960, a number of assessments of his work have appeared.4 In dealing with his judicial career, these tend to focus on the substance of

Function (biology · Law and economics · Political science · Sociology · Evolving Legal Systems and Governance · International Law and Human Rights · Judicial and Constitutional Studies · Law · Philosophy

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