Autore: d'Aspremont, Jean
Titolo: Thingly Facticity in the International Legal Discourse
Periodico: Ars interpretandi
Anno: 2025 - Volume: 14 - Fascicolo: 1 - Pagina iniziale: 47 - Pagina finale: 70

This article is premised on the idea that inquiring about the nature of international law, which is a question that has drawn the attention of international lawyers since the inception of international law in its modern form, presupposes that international law is a thing. This article argues that awarding a thingly facticity to international law is the expression of a pervasive mode of thinking that informs international legal thought and practice as a whole and which is called here thingifying thinking. By virtue of thingifying thinking, international law functions as a thingifying discourse that transforms into things all that crosses its path. The argument is made that such pervasive mode of thinking is not benign at all. All that has been thingified, becomes a-constructed and comes to stand outside language, discourse, interpretation, observation, being effectively immunized against critical examination. This paper ultimately makes the point that thingifying thinking bears the hallmarks of fascist thought, thereby calling for the greatest suspicion.




SICI: 1722-8352(2025)14:1<47:TFITIL>2.0.ZU;2-1
Testo completo: https://www.rivisteweb.it/download/article/10.7382/117246
Testo completo alternativo: https://www.rivisteweb.it/doi/10.7382/117246

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