International law
2 writings
Genealogy, Evaluation, and Engineering
The Monist 105 (4): 435–51. By invitation. 2022. doi:10.1093/monist/onac010
Argues that genealogical explanations can be used to evaluate and improve conceptual practices, taking as an example the demand for conceptual innovation around notions of legitimacy created by the increasing power of international institutions.
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Theorizing the Normative Significance of Critical Histories for International Law
Journal of the History of International Law 24 (4): 561–587. 2022. With Damian Cueni. 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.
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