A letter from the Haudenosaunee Confederacy to King George V: writing and reading jurisdictions in international legal history

Painter, Genevieve

doi:10.1093/lril/lrw022

Cited by 16 publications

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“…Empirical questions contain epistemological and ontological blueprints, and those blueprints are also legal and jurisdictional. 80 Issues once categorised as empirical become questions of lawful relation. For example, a comment about artistic attribution by Haida artist Freda Diesing becomes legible as a jurisdictional statement: Oh, I see you art historians and anthropologists have finally got it right!…”

Section: Categorisationmentioning

confidence: 99%

When is a Haida sphinx: thinking about law with things

Painter

2017

NILQ

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The ‘law and . . .’ field of legal scholarship verges on consensus about the co-constitution between law and nearly everything else. Co-constitution raises questions about how to differentiate law from other things. The contemporary turn from words towards the material brings fresh perspective on these questions by suggesting that law’s differentiation is fabricated through materiality. This article considers whether and how material techniques that differentiate law might fabricate the difference of a thing not commonly understood by Western law as law. Its focus is an object created in Haida Gwaii in the late nineteenth century and now displayed in the British Museum. It shows that while techniques common to Western law differentiate this thing, competing materialities are also at work. Furthermore, jurisdictional choices are embedded in the fabrication of this thing’s difference. Understanding law as differentiated materially does not escape the social and jurisdictional forces that underpin how the matter of law comes to matter.

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Section: Categorisationmentioning

confidence: 99%

When is a Haida sphinx: thinking about law with things

Painter

2017

NILQ

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“…91 Within this turn, Genevieve Painter identifies: two threads [that] hold together the field's varying methodological approaches: first, a rough consensus about the role of critique in a political project to unseat a teleological, triumphalist narrative of international law's past, and second, a lively debate on the proper "context" for understanding international legal history. 92 This turn to history offerswhether an explicit aim or nota challenge to the grammar of international law as embodied in the conventional sources doctrine. In pursuing contextual readingsakin to how the contextualists employ history, but dissimilar in terms of the explicitly critical (at times revolutionary) aimsthe sources availed for rethinking and reordering international law and its history are infinite.…”

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confidence: 99%

The turn to history in international law and the sources doctrine: Critical approaches and methodological imaginaries

Arvidsson

McKenna²

2019

Leiden Journal of International Law

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Expanding now familiar debates about the impact of the ‘historical turn’ upon the field of international law, this article considers some of the different ways in which ‘turn to history’ scholars have confronted the methodological and theoretical tensions arising from the central, yet paradoxical, role occupied by the sources doctrine in international law. We suggest that the anxiety over the sources of international law as the basic methodological precepts of the discipline has been a catalyzing element for a radical reengagement with the canon of international law, one with a significant impact on the field’s existing parameters and doctrinal limits. Within the three streams of scholarship we explore here, history has become a site of creative engagement for scholars in opening up the discipline to diverse ends, one in which a new doctrinal universe can be created, and new issues, sources, subjects, and approaches can be explored. Yet, by opening up international law’s sources doctrine, reactionary causes and unjust ends may equally well be the result. This account is an attempt at diversifying the narrative surrounding the causal relationship between history and the ongoing changes to the field of international law, along with the differential practices, techniques and epistemological foundations behind the history of international law as an evolving discipline, and of the different scholarly motivations of its specialists.

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The Process of International Legal Reproduction

Parfitt

2019

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A letter from the Haudenosaunee Confederacy to King George V: writing and reading jurisdictions in international legal history

Cited by 16 publications

References 0 publications

When is a Haida sphinx: thinking about law with things

When is a Haida sphinx: thinking about law with things

The turn to history in international law and the sources doctrine: Critical approaches and methodological imaginaries

The Process of International Legal Reproduction

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