Why Jurisprudence Doesn't Matter for Customary International Law

Contemporary Jurisprudence and International Law

A State Preferences Account of Customary International Law Adjudication

The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of C...

The Formation of Customary Law

Jurisprudence , law and certainty in

With different nuances and from diverse analyses, scholars agree to maintain that the interaction of law and natural philosophy contributed to originate distinctive conceptual categories such as facts, certainty, and probability during the early-modern period. From this historiographical account, Francis Bacon has been highlighted as one of the most influential authors who merged legal thinking...

Islamic Law , Customary Law , and Afghan Informal Justice

This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...