Public Epistemic Authority: An Epistemic Framework for the Institutional Legitimacy of International Adjudication

Jean Monnet Working Paper Series 2020

85 Pages Posted: 22 May 2020 Last revised: 26 Jul 2021

See all articles by Johann Laux

Johann Laux

University of Oxford - Oxford Internet Institute

Date Written: 2020

Abstract

This paper suggests a novel framework for the legitimacy of international adjudication relative to other branches and modes of public decision-making. Named ‘Public Epistemic Authority’, this new framework approaches judicial authority from its often-overlooked institutional dimension. In this dimension, the collective decision-making setting of international courts finds its due consideration. The paper draws on the mechanisms of collective wisdom popular with epistemic theories of democracy to establish a truth-tracking benchmark for international adjudication. Based on this benchmark, the paper suggests an epistemically improved institutional design of international courts and formulates several epistemic principles for judicial reasoning.

Keywords: institutional design, international courts, legitimacy, epistemic theory of democracy, collective wisdom

Suggested Citation

Laux, Johann, Public Epistemic Authority: An Epistemic Framework for the Institutional Legitimacy of International Adjudication (2020). Jean Monnet Working Paper Series 2020, Available at SSRN: https://ssrn.com/abstract=3585724 or http://dx.doi.org/10.2139/ssrn.3585724

Johann Laux (Contact Author)

University of Oxford - Oxford Internet Institute ( email )

1 St. Giles
University of Oxford
Oxford OX1 3PG Oxfordshire, Oxfordshire OX1 3JS
United Kingdom

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