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The Paradigms Of Universalism And Particularism In The Age Of Globalisation: Western Perspectives On The Premises And Finality Of International Law

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Chapter Summary

The paradigms of universalism and particularism help to map the theoretical landscape and to explain the premises which inform interpretations and understandings of core issues of international law. In order to acquaint students with the diverse dimension of legal scholarship, this chapter gives an account in the tradition of German legal thinking. It turns to the debate on the legitimacy of today's international law given its deep encroachments on political self-determination; it develops the two paradigms in this specific context. The chapter presents in more detail the paradigm of particularism, and then the paradigm of universalism. It suggests how these paradigms inform concrete interpretations; and takes a position in favour of universalism, but also indicate how legal scholarship as a practical science can overcome theoretical cleavages.

Keywords: legal scholarship; particularism; public international law; universalism

10.1163/ej.9789004180932.i-474.13
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    Collected Courses of the Xiamen Academy of International Law, Volume 2 (2009) — Recommend this title to your library
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