چکیده:
The approach followed by Martti Koskenniemi particularly in his “From Apology to Utopia” is one example of ‘‘regressive analysis’’. This approach could also be labelled as ‘‘deconstructive’. Koskenniemi does not use the very technical conceptual apparatus of structuralism، semiotics or deconstructive philosophy. He situates his approach within the broad framework of those fields only to highlight its holistic، formalistic and critical character. For him، expressing international legal arguments، doctrines and ‘‘schools of thought’’ are kinds of parole which refer back to an underlying set of assumptions، capable of being explicated as the langue or ‘‘deep-structure’’ of the law. A deconstruction of international legal argument will then inevitably relate the argument to a historically conditioned ‘‘code’’– or ‘‘conceptual scheme’’. Koskenniemi makes it explicit that hidden code bears a “critical potential”.
خلاصه ماشینی:
For him, explaining international legal arguments, doctrines (doctrines) and "schools" is a kind of "discourse" that refers to a foundational (underlying) set of assumptions that can be specified as "language" or the "deep structure" of law.
In addition to numerous articles published by him to date, Koskenniemi has explained the basis of his views in two books: From Apology 2 to Utopia: The Structure of International Legal Argument 3 and The Gentle Civilizer of Nations: 1.
3. from apology to utopia, The Structure of International Legal Argument The Rise and Fall of International Law 1870-1960, which are his most important works, explained the basis of his views.
He evaluates the inherent contradictions and inconsistencies in the main issues of international law - sources, sovereignty, custom, and world order - and shows how legal discourse on such topics can be described within a small number of argumentative rules.
In the book The Gentle Civilizer of Nations, moving from structure to history, Koskenniemi believes that new international law emerged from the sudden motivation of “civilizing” based on social and racial approaches in the late nineteenth century.
Koskenniemi, by using the word “deconstruction,” refers to a specific intellectual current that arose in France in the late 1960s and was a critique of efforts to apply perceptions originally created in structural linguistics 2 to philosophy, literary criticism, social and cultural perspectives, and psychoanalysis.
Koskenniemi, Martti (2006) From Apology to Utopia: The Structure of International Legal Argument, UK: Cambridge University Press.
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