The case for a history of global legal practices
Bibliographic Data
| ID | 6060413 |
|---|---|
| Authors | Tomas Wallenius (University of Oxford, corresponding author) |
| Year | 2019 |
| Volume | 25 |
| Issue | 1 |
| Pages | 108-130 |
| Publication date | 2019-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of International Relations (JOURNAL) |
| Journal identifiers | ISSN: 1354-0661 • E-ISSN: 1460-3713 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/1354066117743560 |
| OpenAlex | W2780964554 |
| Language | EN |
| Citations received | 9 |
| References cited | 58 |
The contextual understanding of treatises of great legal thinkers has become an important focus in the historical study of international law. This article argues for an alternative approach going beyond classics of legal doctrine to study the interlinked broader global legal practices that constituted actual patterns of social order. Dead practitioners can, however, only be accessed through texts that remain under-conceptualized. I argue that literary theory provides the most helpful insights for developing a framework for studying legal texts. The historical importance of a legal text depends not only on why it was written, but also on how it was used, reinterpreted and even modified by later practitioners. The new method highlights an important alternative dynamic of legal change that first takes place through practice and is introduced to doctrine only afterwards, with posthumous editors often drastically modifying canonical works in order to make them more useful for contemporary practitioners
Doctrine · Empirical legal studies · Epistemology · Legal doctrine · Legal history · Legal practice · Legal realism · Legal research · Legal writing · Political science · Sociology · American Constitutional Law and Politics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law · Philosophy
Woven and warring cosmologies
Converging paths
Context, reception, and the study of great thinkers in international relations
Practice theory and change in international law
The sword is a mighty pen
Activating archives for the practice turn in International Relations
Rethinking International Order in Early Modern Europe
Domestic courts, transnational law, and international order
Territorial sovereignty and the end of inter-cultural diplomacy along the “Southern frontier
Law and Literature
Reason and Rhetoric in the Philosophy of Hobbes
Legal Imperialism
The Gentle Civilizer of Nations
Legitimacy and Legality in International Law
The Nature of the Book
Bounded Rationality and Economic Diplomacy
Imperialism, Sovereignty and the Making of International Law
International practices
Argument and Change in World Politics
The Moral Purpose of the State
Denial of Justice in International Law
Standing Guard
Beyond the Anarchical Society
Law and Colonial Cultures
The Colonial Origins of International Law. European Expansion and the Classical Standard of Civilization
International Relations
Francisco De Vitoria and the Colonial Origins of International Law
Between West and non-West
Civilisation, Barbarism and the Making of Latin America’s Place in 19th-Century International Society
The English School and British Historians
The Standard of ‘Civilisation’, the Expansion Thesis and the 19th-century International Social Space
Reading History through Constructivist Eyes
From Apology to Utopia—The structure of international legal argument
Toward an Aesthetic of Reception
International Law Opinions
The standard of ‘civilization’ in international society
The Reason of States
Palmerston and the Politics of Foreign Policy 1846-55
The Basis of Protection to Citizens Residing Abroad
Internationalizing cultural studies
Enemies of Mankind
Rage for Order
A Case Study of the Construction of International Hierarchy
Into Positivism
The concept of practice in the English School
(Un)Natural and contractual international society
Returning Practice to the Linguistic Turn
Meaning and Understanding in the History of Ideas
| Unique citing works | 9 |
|---|---|
| Citations per year | 1.13 |
| Citation span | 2018 - 2026 (9) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |