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A Concept in Search of a Principle : An Analysis of the Origins and Development of the Contested Notion of Self-Determination in International Law

Mckenna, Miriam LU (2015)
Abstract
Employing a socio-legal approach that draws on Bourdieuian studies of law, this study critically examines self-determination’s status as a norm of international activity by tracing the manner in which it has been articulated and transformed by a number of key actors, the empirical and theoretical tensions accompanying its trajectory, and the negotiations and interactive contestations that lie outside of a functionalist historical approach. This study contends that the law of self-determination is not and has never been a settled matter in either legal or political doctrine, rather that it has been continuously developing conceptually and pragmatically in response to changing geopolitical pressures and legal and political climates. As I... (More)
Employing a socio-legal approach that draws on Bourdieuian studies of law, this study critically examines self-determination’s status as a norm of international activity by tracing the manner in which it has been articulated and transformed by a number of key actors, the empirical and theoretical tensions accompanying its trajectory, and the negotiations and interactive contestations that lie outside of a functionalist historical approach. This study contends that the law of self-determination is not and has never been a settled matter in either legal or political doctrine, rather that it has been continuously developing conceptually and pragmatically in response to changing geopolitical pressures and legal and political climates. As I will argue, the polysemy and indeterminacy of the concept of self-determination is generated not only by its diverse history and its circulation amongst various actors as an important rhetorical and normative tool, but by the struggle to define its content and very nature as a legal idea. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Thesis
publication status
published
subject
keywords
Self-determination, Decolonisation, Legal sociology, Bourdieu, Critical legal theory
pages
485 pages
publisher
Det juridiske fakultet
language
English
LU publication?
no
id
155abc59-0b77-479c-a671-060f9d549a2f
date added to LUP
2017-07-31 09:28:45
date last changed
2017-08-08 08:13:30
@phdthesis{155abc59-0b77-479c-a671-060f9d549a2f,
  abstract     = {Employing a socio-legal approach that draws on Bourdieuian studies of law, this study critically examines self-determination’s status as a norm of international activity by tracing the manner in which it has been articulated and transformed by a number of key actors, the empirical and theoretical tensions accompanying its trajectory, and the negotiations and interactive contestations that lie outside of a functionalist historical approach. This study contends that the law of self-determination is not and has never been a settled matter in either legal or political doctrine, rather that it has been continuously developing conceptually and pragmatically in response to changing geopolitical pressures and legal and political climates. As I will argue, the polysemy and indeterminacy of the concept of self-determination is generated not only by its diverse history and its circulation amongst various actors as an important rhetorical and normative tool, but by the struggle to define its content and very nature as a legal idea.},
  author       = {Mckenna, Miriam},
  keyword      = {Self-determination,Decolonisation,Legal sociology,Bourdieu,Critical legal theory},
  language     = {eng},
  pages        = {485},
  publisher    = {Det juridiske fakultet},
  title        = {A Concept in Search of a Principle : An Analysis of the Origins and Development of the Contested Notion of Self-Determination in International Law},
  year         = {2015},
}