Course on Jurisprudence
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Imagine there is a podcast on hardcore philosophy and jurisprudence of international law. Imagine there are people geeky enough to be ready to talk about this non-stop. That’s right. That’s "Borderline Jurisprudence". By Başak Etkin and Kostia Gorobets.
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Episode 21: Hilary Charlesworth on Feminism, Textuality and Visuality in International Law
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Professor Hilary Charlesworth, Harrison Moore Professor of Law and a Melbourne Laureate Professor at Melbourne Law School and judge at the International Court of Justice joins us to talk about feminism in international law and the textuality/visuality divide. Publications mentioned in the episode: Charlesworth, Hilary, Christine Chinkin, and Shelle…
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Episode 20: Emily Jones on Posthuman Feminism and International Law
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Dr Emily Jones joins us to talk about posthuman feminism in international law. Publications mentioned in the episode: Briadotti, Rose. The Posthuman (Polity, 2013). Charlesworth, Hilary, Christine Chinkin and Shelley Wright. ‘Feminist Approaches to International Law’. American Journal of International Law, Vol. 85(4) (1991): 613–45. Haraway, Donna.…
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What is the line between tactical/permissible fouling and cheating?
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Episode 19: Alex Green on Natural Law, Statehood and International Law
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Dr Alex Green (University of York) joins us to talk about natural law and international law, and statehood. Publications mentioned in the episode: Grotius, Hugo. De Jure Belli ac Pacis, 1652. Dworkin, Ronald. ''Natural' Law Revisited'. Florida Law Review 34 (1982) 165-188. Lauterpacht, Hersch. 'The Grotian Tradition in International Law' BYIL 23 (I…
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Is the point of sport just amusement, or should we be pluralists about the goals of sporting activities
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Episode 18: Tamsin Paige on Sociology of International Law, Queerness, and Pastry
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Dr Tamsin Phillipa Paige (Deakin Law School) joins us to talk about sociology of international law, queer theory, and French pâtisserie. Publications mentioned in the episode: Paige, Tamsin. “Piracy and universal jurisdiction.” Macquarie Law Journal, 12 (2013): 131–154. Guilfoyle, Douglas, Tamsin Paige, Rob Mclaughlin. “The Final Frontier of Cybers…
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WTF is the Philosophy of Sports? WTF is the Jurisprudence of Sports? And why lawyers should care.
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Bonus episode: Alejandro Chehtman on Latin America and International Law
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Our first bonus episode, just in time for the holiday season! Publications referred to in the episode: Álvarez, Alejandro. 'Latin America and International Law'. The American Journal of International Law 3, no. 2 (1909): 269–353. Roberts, Anthea. Is International Law International? New York: Oxford University Press, 2017. Calvo, Carlos and Alcorta,…
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Episode 17: Alejandro Chehtman on Philosophy of War and International Crimes
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Professor Alejandro Chehtman (Universidad Torcuato Di Tella) joins us to talk about revisionist just war theory, non-international armed conflicts, and crimes against humanity. Publications referred to in the episode: Greene, Joshua. Moral Tribes. London: Atlantic Books, 2015. van Dijk, Boyd. Preparing for War. Oxford: Oxford University Press, 2022…
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Episode 16: Martti Koskenniemi on Philosophy, History, and International Legal Scholarship
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Professor Martti Koskenniemi (University of Helsinki) joins us to discuss philosophy and history of international law, international legal scholarship, and the Helsinki school. Publications referred to in the episode: Koskenniemi, Martti. From Apology to Utopia: The Structure of International Legal Argument. Cambridge: Cambridge University Press, 2…
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Episode 15: Başak Çalı on Authority, Interpretivism, and Human Rights
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Professor Başak Çalı (Hertie School) joins us to talk about the authority of international law, Ronald Dworkin's interpretivism, and human rights. Publications referred to in the episode: Çalı, Başak. The Authority of International Law: Obedience, Respect, and Rebuttal. New York: Oxford University Press, 2015. Çalı, Başak. ‘On Interpretivism and In…
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Special episode "Joseph Raz and International Law: An Unfinished Journey"
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Joseph Raz was one of the most influential legal and political philosophers who ever lived, and his passing in May 2022 marked the end of an epoch. The breadth and depth of his philosophical legacy is unmatched, and yet, unlike many influential legal philosophers (such as HLA Hart or Hans Kelsen), Raz left very few writings that deal with jurisprud…
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Episode 14: Jean d'Aspremont on Forms and Meaning in International Law
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Professor Jean d'Aspremont (University of Manchester and Sciences Po Paris) joins us to discuss his overall scholarship and his latest book After Meaning. Publications referred to in the episode: Jean d’Aspremont, Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules (Oxford: Oxford University Press, 2011). Je…
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Francesca Iurlaro, Alexander von Humboldt postdoctoral researcher at Max Planck Institute for Comparative Public Law and International Law, joins us to discuss jus gentium, the history of customary international law, Gentili, historiography and hope. Publications mentioned in the episode: Francesca Iurlaro, The Invention of Custom, Natural Law and …
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Episode 12: Ingo Venzke on International Law and Semantic Authority
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Dr. Ingo Venzke, Professor of Public International Law at the University of Amsterdam, joins us to talk about semantics in international law, semantic authority, and struggle for meaning. Publications mentioned in the episode: Ingo Venzke, How Interpretation Makes International Law: On Semantic Change and Normative Twists (Oxford: Oxford University…
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Episode 11: Umut Özsu on International Law and Marxism
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Professor Umut Özsu, Associate Professor at Carleton University, joins us to talk about Marxism and international law, but also history and theory more generally. Publications mentioned in the episode: Martti Koskenniemi, The Gentle Civilizer of Nations - The Rise and Fall of International Law 1870-1960 (Cambridge: Cambridge University Press, 2001)…
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Episode 10: Anne Orford on International Law and History
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Professor Anne Orford, Melbourne Laureate Professor and Michael D Kirby Chair of International Law at Melbourne Law School, joins us to discuss history and international law, and her new book International Law and the Politics of History. Publications mentioned in the episode: Anne Orford, International Law and the Politics of History (Cambridge: C…
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Episode 9: Harlan Cohen on Sources of International Law
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Prof. Harlan G. Cohen (University of Georgia) joins us to talk about sources of international law, precedent, opinio juris, fragmentation, pluralism and behavioural approaches to international law. Publications referred to in the episode: Harlan G. Cohen, “The Primitive Lawyer Speaks!: Thoughts on the Concepts of International and Rabbinic Laws”, V…
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Episode 8: Carmen Pavel on International Law and Political Philosophy
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Dr. Carmen Pavel (King's College London) joins us to talk about political philosophy of international law, global consitutionalism, the international rule of law, and her new book Law beyond the State: Dynamic Coordination, State Consent, and Binding International Law. Publications referred to in the episode: Carmen E. Pavel, Law beyond the State: …
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Episode 7: Panos Merkouris on Interpretation of Customary International Law
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Panos Merkouris (University of Groningen) joins us to talk about his ERC project TRICI-Law that focuses on interpretation of customary international law. TRICI-Law's website: https://trici-law.com Publications mentioned in the episode: Merkouris, Panos. Article 31(3)(c) VCLT and the Principle of Systemic Integration, Normative Shadows in Plato's Ca…
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Episode 6: Andreas Hadjigeorgiou on the Oxford Jurisprudence Circle and International Law
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Andreas Hadjigeorgiou, special teaching stuff at the Frederick University Cyprus, joins us to discuss the forgotten legacy of the Oxford Jurisprudence Circle and its relevance for international law. Click here for Andreas' SSRN page. If you are interested, you can request Andreas' PhD thesis or read the summary here: Hadjigeorgiou, Andreas. ‘Hart a…
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Scott J. Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, joins us to talk about well, everything, including planning theory of law, outcasting and more. Click here for Scott Shapiro's podcast 'Jurisprudence'. Publications referred to in the episode: Oona A. Hathaway and Scott J. Shapiro, The Internatio…
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Episode 4: Monica Hakimi on International Legal Positivism and Formalism
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Monica Hakimi (University of Michigan) joins us to talk about flaws of international legal positivism, interplay between formal and informal law, and customary international law. Publications referred to in the episode: Jutta Brunnée and Stephen J. Toope, Legitimacy and Legality in International Law: An Interactional Account (New York: Cambridge Un…
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Episode 3: Adil Haque on International Law and Morality
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Adil Haque (Rutgers University), author of Law and Morality at War (OUP, 2017) joins us to talk about law and morality. We discuss issues such as positivism, moral impact theory, and jus cogens. Publications referred to in the episode: Emmanuel Voyiakis, 'Customary International Law and the Place of Normative Considerations', American Journal of Ju…
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Episode 2: Ntina Tzouvala on Critique and International Law
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Ntina Tzouvala (Australian National University) joins us to talk about critical legal studies, and her book, Capitalism As Civilisation: A History of International Law (CUP, 2020). We discuss issues such as critical legal studies in international law, tackling interdisciplinarity, and inclusivity in international law. Publications mentioned in the …
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Episode 1: David Lefkowitz on International Law and Jurisprudence
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David Lefkowitz (University of Richmond) joins us for the first episode to talk about his book, Philosophy and International Law: A Critical Introduction (Cambridge: Cambridge University Press, 2020), and jurisprudence in general. We discuss questions such as: Is there a reason why philosophy of international law is on the rise again? What are the …
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1) Interpretive Methodologies; 2) The Standard Picture; 3) Economy of Trust
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1) Solving the puzzles; 2) Why I’m not an Inclusive Legal Positivist, Part II; 3) Logic of Planning
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1) Planning; 2) Law as a Planning Organization; 3) The Moral Aim Thesis
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Episode 13: Why I am not an Inclusive Legal Positivist, Part I
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1) Raz on Authority; 2) The Argument from Authority; 3) The Practical Difference Thesis
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1) Concept vs Conception; 2) Conventionalism; 3) Hercules
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1) Recap; 2) Theoretical Disagreements; 3) Constructive Interpretation
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1) Justice in Law; 2) Minimum content of the Natural Law; 3) Normative Legal Positivism
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1) Formalism and open texture; 2) Rule skepticism; 3) Fuller’s critique
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1) Rules vs Principles; 2) Principles in hard cases; 3) Exclusive vs Inclusive Legal Positivism
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1) Hart’s solution to Chicken-Egg Puzzle and Hume’s Challenge; 2) Are Social Rules Social Practices?; 3) Expressing Yourself Legally (plus: Roast Chicken recipe)
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1) Intro to Rule of Recognition; 2) Properties of the Rule of Recognition; 3) The Rule of Recognition Rules
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1) Duty, Command, Custom; 2) Sovereignty as habit; 3) Internal Point of View
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1) Power conferring rules; 2) Nullities as Sanctions; 3) Kelsen’s theory
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1) How is legal authority possible; 2) Hume’s Puzzle; 3) Austin’s theory of law
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1) What is “What is law”? 2) Legal Facts 3) Positivism vs Natural Law
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Introduction
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