How Is Progress Constructed in International Legal Scholarship?

European Journal of International Law (2014), Vol. 25 No. 2, 425-444

Posted: 17 Feb 2017

See all articles by Tilmann Altwicker

Tilmann Altwicker

University of Zurich

Oliver Diggelmann

University of Zurich - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2014

Abstract

There is a tendency in international legal discourse to tell the story of international law as a story of progress. ‘Progress’ is a concept which is tied to the process of secularization and Western 18th and 19th century philosophy. It still inspires the debate on international law – despite all setbacks in ‘real history’. This article argues that progress narratives in the international legal discourse are constructed by – more or less subtle – argumentative techniques. It highlights four such techniques – four ‘bundles of arguments’ – which play a key role: ascending periodization, proving increasing value-orientation of international law, detection of positive trends, and paradigm shift-talk. The article offers an explanation of why the progress argument often succeeds in international legal discourse.

Keywords: Progress in International Law, International Legal Theory, Argumentative Techniques in International Law, Social Constructivism

JEL Classification: K33

Suggested Citation

Altwicker, Tilmann and Diggelmann, Oliver, How Is Progress Constructed in International Legal Scholarship? (2014). European Journal of International Law (2014), Vol. 25 No. 2, 425-444, Available at SSRN: https://ssrn.com/abstract=2915724

Tilmann Altwicker (Contact Author)

University of Zurich ( email )

Seilergraben 49
Zürich, CH-8001
Switzerland

HOME PAGE: http://www.ivr.uzh.ch/en/institutsmitglieder/altwicker.html

Oliver Diggelmann

University of Zurich - Faculty of Law ( email )

74/36 Ramistrasse
Zurich, Zurich 8001
Switzerland

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