Borderline Jurisprudence

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 Jurisprudence 55, no. 1 (2010): 163–200.

Mark Greenberg, 'The Moral Impact Theory of Law', Yale Law Journal 123 (2014): 1288–1342.

Asif Hameed, 'Unravelling the Mystery of Jus Cogens in International Law', British Yearbook of International Law 84, no. 1 (2014): 52–102.

John Tasioulas, 'Custom, Jus Cogens, and Human Rights', in Custom's Future: International Law in a Changing World, edited by Curtis A. Bradley  (Cambridge: Cambridge University Press, 2016), 95–116.

Adil Ahmad Haque, 'Torture, Terror, and the Inversion of Moral Principle', New Criminal Law Review 10, no. 4 (2007): 613–657.

Serena Parekh, No Refuge: Ethics and the Global Refugee Crisis (New York: Oxford University Press, 2020).

Joseph Raz, The Morality of Freedom (Oxford: Clarendon Press, 1986).

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.

Pierre Schlag, 'Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art)', Georgetown Law Journal 97 (2009): 803–35.

Maria Aristodemou, 'A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours', European Journal of International Law 25, no. 1 (2014): 35–58.

Mari J. Matsuda, ‘Liberal Jurisprudence and Abstracted Visions of Human Nature: A Feminist Critique of Rawls’ Theory of Justice’, New Mexico Law Review 16, no. 3 (1986): 613–30.

Amia Srinivasan, 'The Aptness of Anger', Journal of Political Philosophy 26, no. 2 (2018): 123–44.

Natarajan, Usha, 'Creating and Recreating Iraq: Legacies of the Mandate System in Contemporary Understandings of Third World Sovereignty', Leiden Journal of International Law 24, no. 4 (2011): 799–822.

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 pressing issues that philosophy and jurisprudence of international law has to address? Is international law really a borderline case of law?