There is no such thing as society'. When the late British Prime Minister Margaret Thatcher made t... more There is no such thing as society'. When the late British Prime Minister Margaret Thatcher made this now famous claim, she expressed the familiar neoliberal credo highlighting the responsibility of the individual (and the family). Scholars of International Relations (IR) are not quite as sweeping in dismissing the existence of 'society', yet the concept has traditionally been kept at a distance. There are various reasons for this, some having to do with the history of the concept and some stemming from a methodological skepticism about conceiving of complex processes in terms of 'society'. Perhaps the main reason why the field of International
In the face of contemporary global risks and transnational threats, the question about the extent... more In the face of contemporary global risks and transnational threats, the question about the extent and form of what constitutes the boundaries of our international and domestic societies have become more pressing than ever: Where does the international begin and where does it end, when, for example, the global war on terror also takes place at desktops at home? How fl uid are these boundaries when risk models and algorithms used by private investors lead to global fi nancial dynamics that can produce global fi nancial instabilities? Likewise, what is there to do to with the still common claim that the nation state is the 'primary' actor in world politics in the face of a plethora of international, transnational and domestic non-governmental organizations , international organizations, multinational corporations or private military companies? Our contemporary world order is the product of the interplays between various actors, devices (e.g. lists, computers) and knowledge structures (such as economics or international law). This 'complexity' consists of various spaces (urban, regional, national, international, transnational, global etc.) and temporalities (think of the temporality in fi nancial markets vis-à-vis the tempo-rality of diplomacy) which makes it impossible to reduce this complexity to the confi nes of the state system. This implies that well-established categories with which we defi ned the boundaries of the nation state (e.g. public/private or national/international) hardly capture contemporary dynamics and the political dimension inscribed in them. This raises the question how this dimension of the 'social' can be defi ned and understood.
Zusammenfassung: Die aktuelle Finanzkrise zeigt, dass sich die Dynamiken globaler Finanzmärkte ni... more Zusammenfassung: Die aktuelle Finanzkrise zeigt, dass sich die Dynamiken globaler Finanzmärkte nicht aus dem Blickwinkel individueller Rationalität adäquat rekonstruieren lassen. Vielmehr stellen sich Fragen nach den konstitutiven Regeln und der Strukturprägekraft von Diskursen. Dieser Befund führt zu einem Politikbegriff, der diese Grenzziehungen, internen Dynamiken und Verbindungen, sowie die Sozialität und intersubjektiven Prozesse globaler Finanzmärkte in den Blick nehmen können muss. An dieser Stelle bietet sich der Konstruktivismus an. Ausgehend von dem Problem einer semantischen Kopplung von Sozialität und Politik diskutiert dieser Beitrag die Konturen einer konstruktivistischen GPÖ.
Beyond Sectors, before the world: finance, security and risk
While security and finance are certainly different social spheres, the fact that we can detect si... more While security and finance are certainly different social spheres, the fact that we can detect similar shifts in both points to the existence of something that precedes these 'realities'. If finance and security are said to be different, intertwined and related, the question then arises as to what it is that constitutes the differences and similarities between them. This article argues that further inquiry into the boundary between the two leads us to understand processes of securitization and financialization as constitutive processes by which actors, behaviours, practices or communications are considered to be economic or securitized. To capture processes of financialization, the article draws on systems theory in general and the concept of functional differentiation in particular.
How should international law deal with the uncertainty arising from the rise of irregular forms o... more How should international law deal with the uncertainty arising from the rise of irregular forms of warfare? In the past decade, this question has been the topic of several reports produced by international groups of experts in thefield of conflict and security law. The most recent examples include the study on the notion of the 'direct participation in hostilities' under the auspices of the International Committee of the Red Cross, and the Tallin Manual on cyberwarfare prepared at the invitation of NATO. In this article, we discuss the Tallin Manual, showing how experts faced with uncertainty as to the law's precise scope and meaning construct legal interpretations, legal definitions, and institutional facts and norms that can be used to make sense of a contingent world. At the same time, we argue, this absorption of uncertainty produces new uncertainty. Consequently, the power of experts does not reside in their knowledge, but in their control and management of uncertainty and non-knowledge.
Much energy in economic sociology is expended on showing that core assumptions of microeconomics ... more Much energy in economic sociology is expended on showing that core assumptions of microeconomics are too short sighted. It is assumed that sociology provides a better background for analysing and understanding economic institutions than economics itself. This is certainly true, but has led economic sociologists to treat economic theory as the 'other' of economic sociology. Thereby, the disciplinary boundary between economics and sociology is reproduced where economic sociology is understood the application of the 'sociology tradition' to economic phenomena. This article suggests a change of perspective: economic sociologists should treat economics as an endogenous part of its enquiries, but not to examine what economic theory is, but what it does, i.e. how economic theory shapes the economy. This requires introducing the study of language, concepts and semantic distinctions as an inherent part of economic sociology and its focus on the 'social' construction of economic institutions. Ultimately, this suggestion reorients our focus away from 'authors' to 'concepts'. In other words, if economic sociology wants to take the 'sociological' and linguistic turn in social theory with its focus on language seriously, it needs to redefine its boundaries. keywords: asymmetric information ✦ currency crises ✦ performativity ✦ risk ✦ uncertainty
This article starts from the observation that while communication is a widely used catch-phrase i... more This article starts from the observation that while communication is a widely used catch-phrase in current IR theorising, the very concept of 'communication' is still mainly treated in terms of simple sender-receiver models which do not sufficiently elaborate how the insights of the 'communicative turn' can be made fruitful for IR-theorising. The argument is developed in three steps. First, particularly drawing on the work of Karl W. Deutsch -those pockets in IR theory, namely conflict studies and theories of 'communicative action', are identified in which 'communication' plays a considerable theoretical role. Second, it is claimed that placing 'communication' at the centre of any theory of IR requires to take full account of the theoretical consequences of the 'linguistic turn'. To develop this argument requires an examination of the often implicit notion of 'communication' in contemporary uses of speech act theory and symbolic interactionism in current IR theory. Such a move necessarily leads to the diagnosis that all social systems and orders of exchange, including international relations, are communicatively constituted. Finally, such a view allows to reconfigure the central problems of 'order' and 'conflict' in IR theory in an innovative fashion: while the problem of order can be restated not as the problem of establishing regularities and patterns but as a problem of disconnecting communications, the problem of conflict can be restated not as a problem of a disruption of communication but as a problem of continuing conflict communication.
The idea that there are biases, blind spots or exclusionary if not oppressive forces in the very ... more The idea that there are biases, blind spots or exclusionary if not oppressive forces in the very way scientific endeavour is organised still appears to be a rather strange idea. It runs counter to the ingrained idea that science is reflective. Science is still predominantly associated with the idea of a separation between values and facts and a clear separation between subject and object, that is, the normative ideal that researchers are detached from their 'object of study'. With it comes the idea that knowledge and power need to be separated before the scientific enterprise can enjoy the fruits of objectivity and neutrality. True knowledge can only be produced where power is absent. Yet, regardless of whether one subscribes to, for instance, the Kuhnian notion of paradigm shifts, Wittgenstein's idea of therapy, or Foucault's arche´, 1 as soon as the welltrodden paths of positivist philosophy of science are re-situated within a series of relations, practices, institutions, and persons, questions regarding scientific endeavour stop being solely confined to objectively instituted rules of evaluation.
To develop a sociology of the international, it is common in international relations (IR) to use ... more To develop a sociology of the international, it is common in international relations (IR) to use a notion of inter-subjectivity defined as the space ''in-between'' individual actors. This approach is based on a parts ⁄ whole systems theory where common norms and values inscribed in international law not only create a ''world society'' but also provide for its social cohesion. Rooted in a parts ⁄ whole distinction, the very term of inter-subjectivity takes on a rather positivist meaning as the social quality of the international is then ''measurable'' and possibly even falsifiable by observing states' behavior. In the end, the inter-subjective quality of rules and norms is then ultimately reduced to the individual level. This article proposes a different avenue that breaks with the parts ⁄ whole distinction to emphasize the connectivity of communications. From this perspective, the notion of inter-subjectivity appears to be part of the problem rather than part of the solution and is thus replaced by the distinction between system and environment. The changing contours of international law are then decoupled from states' interests to emphasize the ''relative autonomy'' of the legal discourse as represented in its shifting paradox and programs.
There is no such thing as society'. When the late British Prime Minister Margaret Thatcher made t... more There is no such thing as society'. When the late British Prime Minister Margaret Thatcher made this now famous claim, she expressed the familiar neoliberal credo highlighting the responsibility of the individual (and the family). Scholars of International Relations (IR) are not quite as sweeping in dismissing the existence of 'society', yet the concept has traditionally been kept at a distance. There are various reasons for this, some having to do with the history of the concept and some stemming from a methodological skepticism about conceiving of complex processes in terms of 'society'. Perhaps the main reason why the field of International
In the face of contemporary global risks and transnational threats, the question about the extent... more In the face of contemporary global risks and transnational threats, the question about the extent and form of what constitutes the boundaries of our international and domestic societies have become more pressing than ever: Where does the international begin and where does it end, when, for example, the global war on terror also takes place at desktops at home? How fl uid are these boundaries when risk models and algorithms used by private investors lead to global fi nancial dynamics that can produce global fi nancial instabilities? Likewise, what is there to do to with the still common claim that the nation state is the 'primary' actor in world politics in the face of a plethora of international, transnational and domestic non-governmental organizations , international organizations, multinational corporations or private military companies? Our contemporary world order is the product of the interplays between various actors, devices (e.g. lists, computers) and knowledge structures (such as economics or international law). This 'complexity' consists of various spaces (urban, regional, national, international, transnational, global etc.) and temporalities (think of the temporality in fi nancial markets vis-à-vis the tempo-rality of diplomacy) which makes it impossible to reduce this complexity to the confi nes of the state system. This implies that well-established categories with which we defi ned the boundaries of the nation state (e.g. public/private or national/international) hardly capture contemporary dynamics and the political dimension inscribed in them. This raises the question how this dimension of the 'social' can be defi ned and understood.
Zusammenfassung: Die aktuelle Finanzkrise zeigt, dass sich die Dynamiken globaler Finanzmärkte ni... more Zusammenfassung: Die aktuelle Finanzkrise zeigt, dass sich die Dynamiken globaler Finanzmärkte nicht aus dem Blickwinkel individueller Rationalität adäquat rekonstruieren lassen. Vielmehr stellen sich Fragen nach den konstitutiven Regeln und der Strukturprägekraft von Diskursen. Dieser Befund führt zu einem Politikbegriff, der diese Grenzziehungen, internen Dynamiken und Verbindungen, sowie die Sozialität und intersubjektiven Prozesse globaler Finanzmärkte in den Blick nehmen können muss. An dieser Stelle bietet sich der Konstruktivismus an. Ausgehend von dem Problem einer semantischen Kopplung von Sozialität und Politik diskutiert dieser Beitrag die Konturen einer konstruktivistischen GPÖ.
Beyond Sectors, before the world: finance, security and risk
While security and finance are certainly different social spheres, the fact that we can detect si... more While security and finance are certainly different social spheres, the fact that we can detect similar shifts in both points to the existence of something that precedes these 'realities'. If finance and security are said to be different, intertwined and related, the question then arises as to what it is that constitutes the differences and similarities between them. This article argues that further inquiry into the boundary between the two leads us to understand processes of securitization and financialization as constitutive processes by which actors, behaviours, practices or communications are considered to be economic or securitized. To capture processes of financialization, the article draws on systems theory in general and the concept of functional differentiation in particular.
How should international law deal with the uncertainty arising from the rise of irregular forms o... more How should international law deal with the uncertainty arising from the rise of irregular forms of warfare? In the past decade, this question has been the topic of several reports produced by international groups of experts in thefield of conflict and security law. The most recent examples include the study on the notion of the 'direct participation in hostilities' under the auspices of the International Committee of the Red Cross, and the Tallin Manual on cyberwarfare prepared at the invitation of NATO. In this article, we discuss the Tallin Manual, showing how experts faced with uncertainty as to the law's precise scope and meaning construct legal interpretations, legal definitions, and institutional facts and norms that can be used to make sense of a contingent world. At the same time, we argue, this absorption of uncertainty produces new uncertainty. Consequently, the power of experts does not reside in their knowledge, but in their control and management of uncertainty and non-knowledge.
Much energy in economic sociology is expended on showing that core assumptions of microeconomics ... more Much energy in economic sociology is expended on showing that core assumptions of microeconomics are too short sighted. It is assumed that sociology provides a better background for analysing and understanding economic institutions than economics itself. This is certainly true, but has led economic sociologists to treat economic theory as the 'other' of economic sociology. Thereby, the disciplinary boundary between economics and sociology is reproduced where economic sociology is understood the application of the 'sociology tradition' to economic phenomena. This article suggests a change of perspective: economic sociologists should treat economics as an endogenous part of its enquiries, but not to examine what economic theory is, but what it does, i.e. how economic theory shapes the economy. This requires introducing the study of language, concepts and semantic distinctions as an inherent part of economic sociology and its focus on the 'social' construction of economic institutions. Ultimately, this suggestion reorients our focus away from 'authors' to 'concepts'. In other words, if economic sociology wants to take the 'sociological' and linguistic turn in social theory with its focus on language seriously, it needs to redefine its boundaries. keywords: asymmetric information ✦ currency crises ✦ performativity ✦ risk ✦ uncertainty
This article starts from the observation that while communication is a widely used catch-phrase i... more This article starts from the observation that while communication is a widely used catch-phrase in current IR theorising, the very concept of 'communication' is still mainly treated in terms of simple sender-receiver models which do not sufficiently elaborate how the insights of the 'communicative turn' can be made fruitful for IR-theorising. The argument is developed in three steps. First, particularly drawing on the work of Karl W. Deutsch -those pockets in IR theory, namely conflict studies and theories of 'communicative action', are identified in which 'communication' plays a considerable theoretical role. Second, it is claimed that placing 'communication' at the centre of any theory of IR requires to take full account of the theoretical consequences of the 'linguistic turn'. To develop this argument requires an examination of the often implicit notion of 'communication' in contemporary uses of speech act theory and symbolic interactionism in current IR theory. Such a move necessarily leads to the diagnosis that all social systems and orders of exchange, including international relations, are communicatively constituted. Finally, such a view allows to reconfigure the central problems of 'order' and 'conflict' in IR theory in an innovative fashion: while the problem of order can be restated not as the problem of establishing regularities and patterns but as a problem of disconnecting communications, the problem of conflict can be restated not as a problem of a disruption of communication but as a problem of continuing conflict communication.
The idea that there are biases, blind spots or exclusionary if not oppressive forces in the very ... more The idea that there are biases, blind spots or exclusionary if not oppressive forces in the very way scientific endeavour is organised still appears to be a rather strange idea. It runs counter to the ingrained idea that science is reflective. Science is still predominantly associated with the idea of a separation between values and facts and a clear separation between subject and object, that is, the normative ideal that researchers are detached from their 'object of study'. With it comes the idea that knowledge and power need to be separated before the scientific enterprise can enjoy the fruits of objectivity and neutrality. True knowledge can only be produced where power is absent. Yet, regardless of whether one subscribes to, for instance, the Kuhnian notion of paradigm shifts, Wittgenstein's idea of therapy, or Foucault's arche´, 1 as soon as the welltrodden paths of positivist philosophy of science are re-situated within a series of relations, practices, institutions, and persons, questions regarding scientific endeavour stop being solely confined to objectively instituted rules of evaluation.
To develop a sociology of the international, it is common in international relations (IR) to use ... more To develop a sociology of the international, it is common in international relations (IR) to use a notion of inter-subjectivity defined as the space ''in-between'' individual actors. This approach is based on a parts ⁄ whole systems theory where common norms and values inscribed in international law not only create a ''world society'' but also provide for its social cohesion. Rooted in a parts ⁄ whole distinction, the very term of inter-subjectivity takes on a rather positivist meaning as the social quality of the international is then ''measurable'' and possibly even falsifiable by observing states' behavior. In the end, the inter-subjective quality of rules and norms is then ultimately reduced to the individual level. This article proposes a different avenue that breaks with the parts ⁄ whole distinction to emphasize the connectivity of communications. From this perspective, the notion of inter-subjectivity appears to be part of the problem rather than part of the solution and is thus replaced by the distinction between system and environment. The changing contours of international law are then decoupled from states' interests to emphasize the ''relative autonomy'' of the legal discourse as represented in its shifting paradox and programs.
This paper examines the relationship between contemporary financial practices and race. The paper... more This paper examines the relationship between contemporary financial practices and race. The paper aims to look beyond specific empirical regularities like the racial dimension of access to credit, austerity measures, or credit scoring. Following the intuition that race is already the product of racist policies, it looks at the condition of possibility for these empirical racial differences. Central to this analysis is the deployment of post-colonial techniques that challenge the assumptions and direction of historical progress to reveal hidden socially reproduced hierarchies of power. Through an examination of finance and slave trades, this contribution identifies race with the three processes of de-humanisation, de-socialisation, and de-territorialisation. Specifically the definition of slaves as property and then interest, the remoteness of plantation ownership and the absolution of guilt through liberal rationality are shown to be of great importance. It traces those ‘processes’ and recognizes their full operational power – albeit in a different disguise – in contemporary finance. It closes with the plea to challenge those technocratic debates and identifies the –at first sight – rather technocratic concept of risk as an important ‘device’ through which this financialized rationality (with its racist manifestations) is made operational.
This chapter ‘takes stock’ of the debate between constructivism and realism. How these two ‘appro... more This chapter ‘takes stock’ of the debate between constructivism and realism. How these two ‘approaches’ are linked, positioned and separated has been contested since the turn of the century. One has to admit that this is as much as a debate as previous ones within International Relations (IR): it is mainly constructivists who turn to realism rather than the other way around. Self-acclaimed realists are quite happy to treat all constructivists alike and focus on easy opponents only in order to deny any need for further engagement (see in particular Mearsheimer on ‘critical theory’ 1994/95). One cannot deny that the debate is based on a narrative that unfolds from Morgenthau to Waltz, from Waltz to Wendt, and then closes with some critique on the liberal-moderate constructivists post-Wendt. At the same time, we cannot see any benefit in repeating this storyline as it emphasizes too much the moderate constructivists and leaves the more radical versions of constructivism underrepresented.
This contribution explores the relevance of failure for constructivism. An easy option here is ... more This contribution explores the relevance of failure for constructivism. An easy option here is to claim that constructivism (or any other approach for that matter) has ‘failed’ in some respect, i.e. to have failed because it has neglected some more or less important aspect of the world; because it is unable to ‘explain’ some event; or because it still has to incorporate the latest fads of social theory. Although such a take certainly contributes to the constructivist literature (at least in some way) and potentially provides a useful discussion and indication of what ‘goes wrong’, such an avenue does not in itself provide a constructivist ‘take’ of failure: in the end, it uses ‘failure’ as some reference to an objective fact - as if these aspects, events, and fads were part of a given empirical reality and not themselves ‘fabricated’.
Security, understood as a speech act, is an inherently public phenomenon. Yet, the concept of the... more Security, understood as a speech act, is an inherently public phenomenon. Yet, the concept of the public remains undertheorized. A securitizing move is successful only to the extent that it is accepted by an audience. In the core text on the Copenhagen School, Buzan, Waever, and de Wilde (1998: 25) frame this as a "threshold" problem: "Even if the general logic of securitization is clear, we have to be precise about its threshold. A discourse that takes the form of presenting something as an existential threat to a referent object does not by itself create securitizationthis is a securitizing move, but the issue is securitized only if an when the audience accepts it as such."
How can we observe social change beyond the confines of anarchy and its flip side of the world of... more How can we observe social change beyond the confines of anarchy and its flip side of the world of sovereign states? This is the question that has informed much of constructivist theorizing in their attempt to come to terms with today’s global order. That an answer to this question is eminently important is almost common sense: whether we deal with the internationalization of criminal law, cybersecurity or even the Euro-Crisis, today’s problems do not fall the net of well-established categories. Rather we deal with situations where new social spaces have created new authorities and a set of new –what they perceive to be – legitimate practices. This creation of social spaces, distinct rationalities and their mutual clash with other rationalities call for an approach that takes these developments seriously and hence, treats the social, the ways of world making, as the site of political processes. This contribution argues that IR in general and constructivists in particular has not taken seriously a crucial distinction when it comes to questions of method and methodology: the logic of subsumption and the logic of reconstruction. This has crucial repercussions on how we conceptualise method or methodology – as well as critique, deliberation and thus the politics of social inquiry.
Ever since constructivism emerged as a distinct approach in the field of International Relations,... more Ever since constructivism emerged as a distinct approach in the field of International Relations, it referred to international law extensively to challenge the positivist foundations of the discipline. The rationale for this move can be found in the historical context of IR"s institutionalization in the US. Especially during the Cold War and the dominance of power politics, IR treated International Law (as every legal order) as its very "other" that one is not allowed to take too seriously in order to not fall into the trap of utopian politics. IR only "rediscovered" IL in the late 1980s when the Cold War was about to come to an end. It is also at this time that constructivism emerged in various forms and guises. This chapter discusses the constructivist approach in international legal theory (ILT) by pointing to the different constructivist understandings of the "politics" of international law: while moderate versions of constructivism associate the politics of international law with "compliance", radical constructivist approaches understands the politics as emanating from the construction of social spaces and temporalities. The politics of international law is linked to international law"s disciplinary structures, argumentative styles and practices.
The recent world economic crisis has also led to a ‘crisis of Economics’ discussion that flared u... more The recent world economic crisis has also led to a ‘crisis of Economics’ discussion that flared up in 2008-2009. For the world economic crisis has not only shown the folly of modern finance legitimized through heady concepts such as ‘rationality’, ‘efficiency’ and ‘financial innovation’, but it has also pointed to the blind spots of contemporary economics itself. The charge economics had to face was not just that it did not see the crisis coming (as always, there were unheard voices – but it is always easier to point to them ex post than to listen to them ex ante), but rather that it was actively involved in bringing modern finance, including its instruments, models and ‘ideology’, about. This ‘actively bringing about’ has at least two dimensions: the participation of academic economists who benefited substantially from the circulation of money, and the ‘inscription’ of economic theory into the social fabric of modern finance itself.
How does the power of legality impact inter-disciplinary research between International Relations... more How does the power of legality impact inter-disciplinary research between International Relations (IR) and International Law (IL)? This is the question this chapter tries to answer. This implies that this chapter does not provide an empirical discussion of legality or a-legality. Rather it is interested in the reconstruction of how the power of legality changes the boundaries between these two disciplines. On the one hand, it is certainly still true that these two disciplines are ‘so close yet so far away’. They are close as their disciplinary histories are irremediably connected. Yet they are far away as they do not speak the same language. Conversations between them first of all need translations, i.e. not just a mere transposition, of basic concepts and problems.
The shadow banking system has been identified as a central cause of the current economic crisis. ... more The shadow banking system has been identified as a central cause of the current economic crisis. In this article we clarify how the concept of shadow banking is used in public reports to inform current debates about its regulation. We argue that the debate on the regulation of shadow banking is based upon three utopias: the search for a homogenization of different regulatory spaces; the focus on a temporality based on always present availability of data; and the assumption of static configurations of actors within the financial system. Finally, we propose an alternative reading of shadow banking based on the concept of financialization. Financialization allows us to link shadow banking to questions of authority and legitimacy in financial markets. The politics of financialization in general and shadow banking in particular are linked to the stabilization of interpretations and fixation of meaning.
This is the final table of contents, introduction and all 60 chapter abstracts for the volume "Co... more This is the final table of contents, introduction and all 60 chapter abstracts for the volume "Concepts for International Law: Contributions to Disciplinary Thought."
The introduction, entitled 'The Life of International Law and its Concepts', is a standalone piece that grapples with the relation between legal concepts, life and living in international law. First, we briefly explore the contemporary malaise in international law’s disciplinary life, in and for which this book emerges. We urge a sensibility that sees working on international law’s concepts as opening up a range of possibilities in how we may act, live, know, see and understand within and towards the discipline. Second, we offer an overview into how legal thought has, in its diversity, approached legal concepts. We aim to draw out those sensibilities that remain prevalent in today’s legal writings on concepts, whilst also pointing to the limits, nuances and fractures of these sensibilities. In this regard we offer detailed readings, criticisms and extensions of texts by Jhering, Hohfeld, Ross, Cohen, Kennedy, Koskenniemi, and Marks to name but a few. These readings primarily point to the intricate and intractable difficulties of reconciling concepts with social life. They also point to a series of shifting and entwined aesthetic, ethical and political presuppositions that dominate the various ways in which we approach legal concepts today. In showing the diversity of legal sensibilities towards legal concepts, we hope to not only open up the various possibilities and limits of these sensibilities, but to point towards the intellectual cultural resources at the modern scholar’s disposal. Third, and finally, we offer an introduction to the volume itself. Here we outline how we chose its concepts, the types of concepts contained therein, and how we see the complex relations between different concepts.
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Papers by Oliver Kessler
The introduction, entitled 'The Life of International Law and its Concepts', is a standalone piece that grapples with the relation between legal concepts, life and living in international law. First, we briefly explore the contemporary malaise in international law’s disciplinary life, in and for which this book emerges. We urge a sensibility that sees working on international law’s concepts as opening up a range of possibilities in how we may act, live, know, see and understand within and towards the discipline. Second, we offer an overview into how legal thought has, in its diversity, approached legal concepts. We aim to draw out those sensibilities that remain prevalent in today’s legal writings on concepts, whilst also pointing to the limits, nuances and fractures of these sensibilities. In this regard we offer detailed readings, criticisms and extensions of texts by Jhering, Hohfeld, Ross, Cohen, Kennedy, Koskenniemi, and Marks to name but a few. These readings primarily point to the intricate and intractable difficulties of reconciling concepts with social life. They also point to a series of shifting and entwined aesthetic, ethical and political presuppositions that dominate the various ways in which we approach legal concepts today. In showing the diversity of legal sensibilities towards legal concepts, we hope to not only open up the various possibilities and limits of these sensibilities, but to point towards the intellectual cultural resources at the modern scholar’s disposal. Third, and finally, we offer an introduction to the volume itself. Here we outline how we chose its concepts, the types of concepts contained therein, and how we see the complex relations between different concepts.