Search: Affective Justice: Book Symposium: A Response

24 May Islamic Law and Progressive Politics

...Wahid thinks the best response is better jurisprudence Filali-Ansary thinks the best response is better politics. There is a middle ground. Wahid suggests that outside the four corners of the Qur’an Islamic law is highly indeterminate and largely reflects past or present political choices. Perhaps both authors would be satisfied with an interpretive approach that opened up space for political discourse by emphasizing ambiguity and narrowing the reach of Islamic law to its clearest applications. Such an approach would deny clear legal support to progressives and their opponents alike, leaving...

31 Jan Competition and Control in International Adjudication: A Response

Catherine Rogers Both Jacob Cogan’s interesting essay, and Larry Helfer’s thoughtful response, address issues of competition and control in international adjudication, focusing on public international law tribunals. While these are an essential part of the story, there are other tribunals and cases that rightly fit in the general category of “international adjudication,” including international arbitral tribunals and national courts. As an initial matter, under virtually any definition, most notably Lon Fuller’s classic formulation, arbitration constitutes a form of adjudication. While ostensibly private, even when States are not parties, international arbitration...

02 Mar Medellin: A Response to Comments

Andreas Paulus Julian, Thanks for your response, which I think is very helpful to clearly understand what the debate is about. But there is one point that troubles me in your argument: You argue in favour of dualism (and for the control of the executive branch over international law - government by men, not law, in that sphere), but the Constitution has decided otherwise. That is what Article VI is about. Of course, later case law has it that a treaty must be self-executing, and that makes perfect sense as...

16 Mar International Law "Must Reads"

of the Modern Position, 110 Harv. L. Rev. 815 (1997). In response to this line of criticism, see, among other responses,Harold Hongju Koh, Is International Law Really State Law?, 111 Harv. L. Rev 1824 (1998). Martii Koskenniemi, From Apology to Utopia (1989). This book is the antecedent to The Gentle Civilizer of Nations, which I mentioned above. It is a more theoretical discussion of the need of international lawyers to not be overly-technical but rather to use social theory to assess the “deep structure” of international legal discourse. As with...