TY - JOUR
T1 - High Stakes and Persistent Challenges –
T2 - A Rejoinder to Klabbers and Augsberg
AU - Holtermann, Jakob v. H.
AU - Madsen, Mikael Rask
PY - 2015/7/30
Y1 - 2015/7/30
N2 - In this separate rejoinder to Jan Klabbers' and Ino Augsberg's comments to the articles in the symposium on New Legal Realism in International Law (Leiden Journal of International Law, Volume 28:2, 2015), we respond from the point of view of the European New Legal Realism (ENLR) as propounded in our initial contribution to the symposium. Agreeing with Ingo Venzke who wrote in his introduction to the symposium that ‘stakes are high’ in the debate over international law and methodology, we argue that both Klabbers and Augsberg, each in their own way, fail to take sufficiently seriously the ENLR challenge to doctrinal scholarship. We argue that Klabbers underestimates the evergreen and persistent character of this challenge when he portrays the current push for New Legal Realism as merely a whimsy fashion wave. And we argue that Augsberg's essentially Kelsenian defence of doctrinal scholarship is insufficiently robust because it inherits the excess epistemological liberalism of its underlying Neo-Kantianism.
AB - In this separate rejoinder to Jan Klabbers' and Ino Augsberg's comments to the articles in the symposium on New Legal Realism in International Law (Leiden Journal of International Law, Volume 28:2, 2015), we respond from the point of view of the European New Legal Realism (ENLR) as propounded in our initial contribution to the symposium. Agreeing with Ingo Venzke who wrote in his introduction to the symposium that ‘stakes are high’ in the debate over international law and methodology, we argue that both Klabbers and Augsberg, each in their own way, fail to take sufficiently seriously the ENLR challenge to doctrinal scholarship. We argue that Klabbers underestimates the evergreen and persistent character of this challenge when he portrays the current push for New Legal Realism as merely a whimsy fashion wave. And we argue that Augsberg's essentially Kelsenian defence of doctrinal scholarship is insufficiently robust because it inherits the excess epistemological liberalism of its underlying Neo-Kantianism.
KW - Faculty of Law
KW - legal realism
KW - Alf Ross
KW - Pierre Bourdieu
KW - Max Weber
KW - European New Legal Realism
UR - http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9882248&fulltextType=RA&fileId=S0922156515000254
U2 - 10.1017/s0922156515000254
DO - 10.1017/s0922156515000254
M3 - Journal article
SN - 0922-1565
VL - 28
SP - 487
EP - 493
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
IS - 3
ER -