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/lp/sage/the-new-haven-school-matters-an-inquiry-into-insights-of-the-policy-bt8EQUJopy
- Publisher
- SAGE
- Copyright
- © 2023 The West Bengal National University of Juridical Sciences
- ISSN
- 2322-0058
- eISSN
- 2348-2451
- DOI
- 10.1177/23220058231153589
- Publisher site
- See Article on Publisher Site
Abstract
While the scope of the theories of international law has expanded over the past decades, the formalist rule-oriented approaches are still dominant scholarly traditions in Iranian legal studies. Describing the internal structure of the New Haven School of international law, the author suggests that the Iranian community of international law may embrace the methodological frame of policy-oriented jurisprudence in doctrinal legal research. It is an irrefutable fact that the rule-oriented schools (including positivism and natural law) could provide compelling insights into some features of international law; however, a profound understanding of the dynamic and changing process of international lawmaking requires moving beyond a set of supposedly fair and neutral legal rules. The policy-oriented perspective has provided a variety of intellectual tools and concepts (including the elements of the world constitutive process: participants, perspectives, arenas of decisions, bases of power, strategies and outcomes) to identify and influence the comprehensive process of authoritative decisions.
Journal
Asian Journal of Legal Education – SAGE
Published: Jul 1, 2023