Profs. Hathaway and Shapiro’s article, “Outcasting: Enforcement in Domestic and International Law,” is a very provocative and original piece of scholarship. Outcasting as a central mode international law enforcement has not received such a sustained and systematic study as they have. I am delighted to add a few thoughts to this discussion with thanks to Prof. Hollis for the opportunity. As...
I read Scott's and Oona's article Outcasting with great pleasure. It is a wonderful contribution to the burgeoning literature on legal pluralism and non-state governance. In particular, the article contests two propositions that have undermined recognition of various forms of non-state law: first, that law must be enforced by the legal regime itself; and second, that law must be enforced through...
We want to thank Gary and Samantha for offering such interesting insights. We will not be able to do them justice, but let us at least offer a few brief words in response. In his latest post, Gary calls on us to say more about when outcasting will be effective at changing state behavior, calling for both process tracing and empirical...
Oona and Scott's article is meant to be an opening salvo. But it would be helpful to see more positive empirical evidence. I don't just mean that I'd like to see more cases of non-traditional enforcement than medieval Iceland and classical canon law, although I would, and I'm sure Oona and Scott would too. (Still, has there ever been a...
Thanks to Duncan and Opinio Juris for the chance to discuss this work, and thanks to Oona and Scott for writing it. This is a wonderful article, provocative and learned, bursting with fresh thinking and rich in empirical observation. It was a pleasure to read. There's a wealth of stuff to discuss. I agree, both positively and normatively, with treating international...
In their article Outcasting: Enforcement in Domestic and International Law, Oona Hathaway and Scott Shapiro make a seminal contribution to the study of the legality of international law. Their piece is not only a direct contribution to the burgeoning field of philosophy of international law, but it also participates in and deepens an important conversation within the field of general jurisprudence...
We are grateful to Duncan and Opinio Juris for the opportunity to discuss our article. Here we attempt to lay out our central claim and the key implications we believe it has for the organizing questions in the field of international law. Our article proposes a new way to think about law enforcement. We argue that law enforcement need not involve...
Readers know all too well where my sympathies lie regarding WikiLeaks and Julian Assange. But I have to admit, I'm baffled by the paranoid reaction my fellow WikiSupporters are exhibiting in the wake of Assange's latest failure to block his extradition to Sweden to face sexual-assault charges. Exhibit A, from the usually invaluable WL Central: The possibility of criminal charges against...
Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here's the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method...
As readers may know, Israel's Knesset is currently considering two laws designed to prevent foreign governments and international organizations from funding progressive Israel human-rights groups: one that drastically limits the amount of funding such groups could receive, and one that imposes a tax of nearly 50% on foreign funds received by human-rights groups that do not receive Israeli funding (i.e.,...
Again and again, my fellow citizens, mothers who lost their sons in France have come to me and, taking my hand, have shed tears upon it not only, but they have added, "God bless you, Mr. President!" Why, my fellow citizens, should they pray God to bless me? I advised the Congress of the United States to create the situation...
There are many reasons to demand closing Guantanamo Bay and ending the military commissions, such as the government's tendency to invent armed conflicts in order to convict defendants of imaginary war crimes. But even if you don't care about the integrity of international humanitarian law or the coherence of the American approach to that body of law, you should still...
