The Metaphysics of Statehood

33 Pages Posted: 23 Jun 2019 Last revised: 18 Sep 2019

See all articles by David Tan

David Tan

Deakin University, Geelong, Australia - Deakin Law School

Date Written: August 1, 2018

Abstract

This paper considers the connections between the Statehood/recognition debate in international law and social ontology. I aim to show that certain theories of social ontology, which I call Groupjective Internalism, can be used to defend Constitutive Theories of Statehood. Among philosophers whom I consider committed to Groupjective Internalism are major figures in the field: Searle, Gilbert and Tuomela. This is an interesting result as Constitutive Theories are generally looked upon with suspicion in international law.

Keywords: Statehood, International Law, Declaratory Theory, Constitutive Theory, Social Ontology, Recognition

JEL Classification: K10, K33

Suggested Citation

Tan, David, The Metaphysics of Statehood (August 1, 2018). Canadian Journal of Law and Jurisprudence, Vol. 31, No. 2, 2018, Deakin Law School Research Paper No. 19-09, Available at SSRN: https://ssrn.com/abstract=3226063

David Tan (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

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