The Situated and Bounded Rationality of International Courts: A Structuralist Approach to International Adjudicative Practices
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The Situated and Bounded Rationality of International Courts: A Structuralist Approach to International Adjudicative Practices. / Caserta, Salvatore; Madsen, Mikael Rask.
In: Leiden Journal of International Law, Vol. 35, No. 4, 2022, p. 931-943.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - The Situated and Bounded Rationality of International Courts:
T2 - A Structuralist Approach to International Adjudicative Practices
AU - Caserta, Salvatore
AU - Madsen, Mikael Rask
PY - 2022
Y1 - 2022
N2 - Understanding international judicial behaviour requires developing a perspective that considers both individual and collective action. On the one hand, individual judges are marked by their background and trajectory before international judicial appointment; on the other hand, when appointed to international courts they enter a particular social setting and group dynamic. The paper provides an interpretive, structural theory of judicial behaviour that allows to understand international judicial action and the resulting judicial institutional practices. The paper explains this double structuration of international judicial behaviour by first reconsidering and amending the notion of habitus originally developed by Pierre Bourdieu and secondly applying this idea to the practice of the Caribbean Court of Justice.
AB - Understanding international judicial behaviour requires developing a perspective that considers both individual and collective action. On the one hand, individual judges are marked by their background and trajectory before international judicial appointment; on the other hand, when appointed to international courts they enter a particular social setting and group dynamic. The paper provides an interpretive, structural theory of judicial behaviour that allows to understand international judicial action and the resulting judicial institutional practices. The paper explains this double structuration of international judicial behaviour by first reconsidering and amending the notion of habitus originally developed by Pierre Bourdieu and secondly applying this idea to the practice of the Caribbean Court of Justice.
U2 - 10.1017/S0922156522000486
DO - 10.1017/S0922156522000486
M3 - Journal article
VL - 35
SP - 931
EP - 943
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
SN - 0922-1565
IS - 4
ER -
ID: 310229439