By
William Stroupe
An article by legal theorist László Blutman recently
published in the in the Hungarian
Yearbook of International Law entitled “Law in
Mind: Towards an Explanatory Framework for Customary Law”
presents an innovative, monist, intersubjective theoretical approach to
international law. The piece rejects understanding customary international law
based on the objectivist/materialist treatment of written law for failing to
account for the fact that general practice is not necessarily representative of
material reality. Blutman proposes an alternate framework in which customary
law emerges as a product of an intersubjective reality through justified
attribution. Because the approach can be used for written law as well, it unifies
traditionally bipartite theoretical approaches to international law. This new
approach, along with the forthcoming
publication of the first edition of the Oxford Handbook of Theory of International
Law in 2016 suggest interesting times for International Legal Theory.
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