International Legal Theory and the Cognitive Turn

Inbunden, Engelska, 2025

Av Anne van Aaken, Moshe Hirsch, University of Hamburg) van Aaken, Anne (Chair of Law and Economics, Legal Theory, Public International Law and European Law (Humboldt Professor 2018-23), and Co-Director of the Institute of Law and Economics, Chair of Law and Economics, Legal Theory, Public International Law and European Law (Humboldt Professor 2018-23), and Co-Director of the Institute of Law and Economics, Hebrew University of Jerusalem) Hirsch, Moshe (Emilio Von Hofmannsthal Chair in International Law and Co-Director of the International Law Forum, Emilio Von Hofmannsthal Chair in International Law and Co-Director of the International Law Forum, Anne Van Aaken, Anne Van Aaken

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Cognitive and behavioural studies are making inroads into international law, international policy, and literature. Firstly, international practice is drawing increasingly on behavioural studies. The United Nations (UN) and its agencies have turned to behavioural science to confront new challenges faced by the international community, including the Sustainable Development Goals, climate change, and gender equality. Similarly, the World Bank and World Health Organization have created teams of experts to advise on the incorporation of behavioural insights to support their operations. Other international organizations are likewise following suit. Secondly, the cognitive-behavioural turn is generating innovative research work in disciplines neighbouring international law and is gaining similar traction in international legal scholarship.Yet, despite this, the implications of cognitive-behavioural studies for international legal theory remain under-explored. With few exceptions, international legal theories have long failed to explicitly address the cognitive-behavioural assumptions of their respective theoretical approaches. To fill this gap, this book systematically examines the impact of the cognitive-behavioural turn on the main theoretical schools within international legal scholarship. Across thirteen chapters, the contributors uncover the cognitive bases of their respective theories, exploring both the cognitive similarities underlying the assumptions of different theories of international law, as well as the limitations of the use of behavioural science in international law theories. International Legal Theory and the Cognitive Turn makes explicit the relationship between cognitive-behavioral methodologies and other ways of thinking about international law, including TWAIL, feminist, and legal realist approaches, and more.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Produktinformation

Utgivningsdatum2025-05-08
Mått165 x 241 x 26 mm
Vikt678 g
FormatInbunden
SpråkEngelska
Antal sidor352
FörlagOUP OXFORD
ISBN9780198909262

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Anne van Aaken is the Chair for Law and Economics, Legal Theory, Public International Law, and European Law at the University of Hamburg, and Co-Director of the Institute of Law and Economics. Previously, she was the Alexander von Humboldt Professor at the University of Hamburg, a Professor at St. Gallen University, and a Senior Researcher at two Max Planck Institutes. Anne also served as Vice-President of the European Society of International Law (ESIL) and chaired the Research Council at the European University Institute (EUI). She has consulted for several organisations including the International Bank for Reconstruction and Development (IBRD) and the United Nations. And she has served as General Editor of the Journal of International Dispute Settlement and on the editorial boards of several prestigious journals, including the American Journal of International Law. Her research focuses on legal theory, international law, and behavioural approaches to law.Moshe Hirsch is the Emilio Von Hofmannsthal Professor of Law at the Hebrew University of Jerusalem and Co-Director of the International Law Forum at the Hebrew University Law Faculty. A significant part of his publications involves theoretical and interdisciplinary research that draws, inter alia, on sociological theories, cognitive studies, political economy, game theory, and international relations theory. His recent publications include Invitation to the Sociology of International Law (OUP, 2015), Research Handbook on the Sociology of International Law (Edward Elgar, 2018, co-edited with Andrew Lang), and International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes (OUP, 2021, co-edited with Andrea Bianchi).

Anne van Aaken and Moshe Hirsch: Introduction: International Legal Theory and the Cognitive Turn1: Daniel Peat: Positivism and the Cognitive Turn2: Harlan Cohen and Daniel Bodansky: Close Relations: International Legal Realism and Cognitive-Behavioral Studies3: Ian Johnstone and Arun Sukumar: Constructivism, Interpretation, and Cognitive Studies4: Shiri Krebs: Critical Approaches to International Law and Cognitive-Behavioural Science: Tensions and Contributions5: Veronika Fikfak: A Cognitive-Behavioural Approach to Feminist Studies6: Rob Howse: Liberal Normative Theories of International Law and the Cognitive Turn7: Regina Jefferies: Transnational Legal Process, Cognition, and Context8: Anne van Aaken and Tomer Broude: From Economic to Behavioural Analysis of International Law: What Have We Learned So Far?9: Moshe Hirsch: Sociological Analysis of International Law and the Cognitive Turn10: Mikael Rask Madsen and Salvatore Caserta: International Judicial Habitus: Pierre Bourdieu and the Cognitive Turn11: Sofia Stolk: Critical Legal Geography, Spatial Cognition, and International Law12: Kanad Bagchi: Marxism and the Cognitive Turn in International Law: Exploring an Uneasy Relationship13: Ruti G Teitel and Shreya Shankar: Transitional Justice and Cognitive-Behavioural Studies