Sisyphus in robes: International law, legal interpretation and the absurd
نویسندگان
چکیده
Abstract Legal systems across the world contain obligation to prevent ‘absurd interpretations’ of law. In international law, an instruction avoid ‘manifestly absurd’ interpretations can be found in Article 32 Vienna Convention on Law Treaties. This gives rise at least two questions that I will take up this article. First, what is meant by ‘absurd’ avoided legal interpretation. The short answer question is: no one knows exactly. absurd, its very nature, resists definition pre-given categories, as argue basis four core thinkers absurd: Søren Kierkegaard, Jean-Paul Sartre, Albert Camus, and Thomas Nagel. second more technical easier answer: how should lawyers try absurd interpretations? Here, turn absurdist writing theatre for assistance. Absurdist have developed a number techniques make appear, let audience experience something fundamentally out tune. Lawyers use similar techniques, but reverse with opposite purpose: they add exposition, narrative, reasonable language, stable, rational personae. way, boost rationality reasonableness order. However, come full circle, it exactly pretension makes law vulnerable manifestations absurd. springboard same absurdity tries suppress.
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ژورنال
عنوان ژورنال: Leiden Journal of International Law
سال: 2023
ISSN: ['1478-9698', '0922-1565']
DOI: https://doi.org/10.1017/s0922156523000389