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International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes

Edited by: Andrea Bianchi, Moshe Hirsch

ISBN13: 9780192847539
Published: September 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world.

With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

Subjects:
Public International Law
Contents:
Introduction
Section I. Social Cognition: Foregrounding Information Processing and Recontextualizing International Law
1:Social Cognitive Studies, Sociological Theory, and International Law
Moshe Hirsch
2:Framing in and Through Public International Law
Anne van Aaken and Jan-Philip Elm
3:Cognitive Biases and International Law: What's the Point of Critique?
Ingo Venzke
4:Institutionally Embodied Law: Cognitive Linguistics and the Making of International Law
Jacob Livingston Slosser and Mikael Rask Madsen
5:Prosociality, International Law, and Humanitarian Intervention
Tomer Broude
6:A Worldly Law in a Legal World
Jean d'Aspremont
7:The Invisible Frames Affecting Wartime Investigations: Legal Epistemology, Metaphors, and Cognitive Biases
Shiri Krebs
8:Labels as the Visible Part of International Law's Invisible Frames: The Case of the Framework Convention on Tobacco Control as an 'Evidence-Based' Treaty
Margherita Melillo
Section II. Making Knowledge Production Visible: Structures, Actors, and Processes
9:Knowledge Production in International Law: Forces and Processes
Andrea Bianchi
10:The Discipline as a Field of Struggle: The Politics and Economics of Knowledge Production in International Law
Akbar Rasulov
11:Reflections on the ITU: International Organizations as Epistemic Structures
Jan Klabbers
12:Metaphors of International Law
Harlan Grant Cohen
13:Counterstorytelling in International Economic Law
Matthew Windsor
14:Revisiting the Memory of Solferino: Knowledge Production and the Laws of War
Eyal Benvenisti and Doreen Lustig
15:Knowledge Production, Big Data, and Data-Driven Customary International Law
Tamar Megiddo
16:Going by the Book - What International Law Textbooks Teach Us Not To Learn
Ana Luísa Bernardino