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Philosophy of International Law$
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Anthony Carty

Print publication date: 2007

Print ISBN-13: 9780748622559

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748622559.001.0001

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What Place for Doctrine in a Time of Fragmentation?

What Place for Doctrine in a Time of Fragmentation?

Chapter:
(p.xii) (p.1) 1 What Place for Doctrine in a Time of Fragmentation?
Source:
Philosophy of International Law
Author(s):

Anthony Carty

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748622559.003.0001

This chapter begins with a discussion of a definition of doctrine and its present problematic in public international law. It refers to two recent French works, the Dictionnaire encyclopédique de théorie et de sociologie du droit and a colloquium organised by the legal history department of the University of Picardie (Amiens), La Doctrine juridique. The first provides an authoritative and vital distinction between legal doctrine and legal dogmatics, while the second explains the problematic of keeping the former alive. The chapter then presents an introduction of the figure of Paulus Vladimiri to illustrate how, during the classical medieval period, the distinction between doctrine and dogmatics was clearly understood precisely in the sense outlined in the Dictionnaire. It is only with the coming of the modern period that the former comes to be swallowed up by the latter. The discussion then turns to the role for doctrine in the classical theory of sovereignty and the foundations for a new role for doctrine.

Keywords:   public international law, sociologie du droit, La Doctrine juridique, Paulus Vladimiri, dogmatics, sovereignty

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