Theorizing the Normative Significance of Critical Histories for International Law

Journal of the History of International Law 24 (4): 561–587. 2022. doi:10.1163/15718050-12340207

Addresses the question of whether the tainted history of international law should affect our present-day evaluation of it. It argues that critical histories derive their power in three primary ways: by subverting the historical claims that support a practice’s authority, by failing to meet the normative expectations readers bring to the past, and by tracing the functional continuities that link past problems to the present. The framework explains how history can be normatively significant even when its direct influence on legal argument is unclear.

genealogy, historiography, legitimacy, legal philosophy, methodology, political theory

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