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Truth and Method in the Domestic Application of International Human Rights Law

Resource type
Author/contributor
Title
Truth and Method in the Domestic Application of International Human Rights Law
Abstract
This paper presents a particular reading of Truth and Method, Hans-Georg Gadamer's landmark text, as a lens through which to consider the meaning of international texts in domestic contexts. Gadamer's thoughts have been the subject of inquiry and controversy across legal lines; yet, they remain virtually unknown within international human rights law. His absence within this circle is unfortunate because Gadamer takes up questions concerning culture, perspective, difference, and authority - issues that no international human rights scholar can hope to ignore. More importantly, however, Gadamer addresses these issues within a theory of language that proves relevant to the very structure of international human rights law itself, given that it lacks a third party arbitrator authorized to pronounce on meaning. The judicial use of international law within domestic courts brings this feature of the international regime into stark relief because the rising judicial reliance on international law has the potential to generate as many meanings of international texts as there are courts willing to engage those texts. Truth and Method expounds a theory of language that recognizes the authority of international texts and international law's governance ambitions while still accommodating variations in interpretation between national jurisdictions.
Genre
SSRN Scholarly Paper
Archive ID
1718603
Place
Rochester, NY
Date
2002
Accessed
9/4/23, 1:30 AM
Language
en
Library Catalog
Social Science Research Network
Citation
Bahdi, R. (2002). Truth and Method in the Domestic Application of International Human Rights Law (SSRN Scholarly Paper 1718603). https://papers.ssrn.com/abstract=1718603
Author / Editor