Beyond Objectivism, the Rediscovery of Imagination - An Overview and a Critique of: From Apology to Utopia, by Martti Kosenniemi (Oltre l’oggettivismo, la Riscoperta dell’Immaginazione - Una Presentazione e Una Critica a From Apology to Utopia, di Martti Koskenniemi)

l'ircocervo

8 Pages Posted: 24 Dec 2011 Last revised: 10 Jun 2020

See all articles by Luigi Crema

Luigi Crema

University of Milan; University of Notre Dame - Notre Dame Law School

Date Written: December 7, 2010

Abstract

In a few paragraphs this article explains the main theses developed in the book From Apology to Utopia, the most important work of Martti Koskenniemi. The book analyzes and criticizes the structure of international legal argument, showing that international law does not provide a set of rules capable of settling contrasts and divergences among states in a neutral way, and that, for this reason, cannot be differentiated from politics: the sources and the principles at the basis of international law are structured in such a way that opposite solutions may be reached using the same arguments. The international lawyer is called to be aware of this undetermined aspect of law, and to imagine new solutions for new problems. The conclusions Koskenniemi reaches, however; leave open two questions, which this article seeks to bring to light.

Note: Downloadable document is in Italian.

Keywords: Philosophy Theory International Law Apology Utopia

Suggested Citation

Crema, Luigi, Beyond Objectivism, the Rediscovery of Imagination - An Overview and a Critique of: From Apology to Utopia, by Martti Kosenniemi (Oltre l’oggettivismo, la Riscoperta dell’Immaginazione - Una Presentazione e Una Critica a From Apology to Utopia, di Martti Koskenniemi) (December 7, 2010). l'ircocervo, Available at SSRN: https://ssrn.com/abstract=1721602

Luigi Crema (Contact Author)

University of Milan ( email )

Via Festa del Perdono, 7
Milan, 20122
Italy

University of Notre Dame - Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

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