International Law FORUM du droit international, Vol. 7, p. 129, 2005
8 Pages Posted: 2 Nov 2005 Last revised: 8 Sep 2011
Date Written: September 7, 2011
This short article is a synopsis of a doctoral thesis entitled Law as Communication: A Concept of International Law. Embedded in the legal theory of philosopher Joseph Raz - who argued that "whatever else the law is, it either claims legitimate authority, is held to possess it, or both" - this analysis of international law's claim of legitimate authority is based on an ethnographic study of the International Criminal Tribunals for the former- Yugoslavia and Rwanda.
The analysis of international law's claim of legitimate authority, which uses semiotics and performance-studies perspective, is then used as a basis for an examination of issues in analytic legal philosophy: the relationship between the phenomenology of law and its concept and the social-psychological dimensions of methodologies used and advocated for by legal philosophers.
Keywords: International Criminal law and tribunals, war crimes, transitional justice, ICTY, ICTR, authority, legitimacy, legal philosphy, hermeneutic viewpoint , Josphe Raz, concept of law, performace studies, dramaturgy, inter-subjectivity, Goffman
JEL Classification: K33, K14, K00
Suggested Citation: Suggested Citation
Steinitz, Maya, The Ad Hoc International Criminal Tribunals and a Jurisprudence of the Deviant (September 7, 2011). International Law FORUM du droit international, Vol. 7, p. 129, 2005. Available at SSRN: https://ssrn.com/abstract=828105