Rebellious Jurisprudence: Judicial Dissent and International Law Contributor(s): Mistry, Hemi (Author) |
|
ISBN: 1509920110 ISBN-13: 9781509920112 Publisher: Hart Publishing OUR PRICE: $85.50 Product Type: Hardcover Published: August 2025 This item may be ordered no more than 25 days prior to its publication date of August 7, 2025 |
Additional Information |
BISAC Categories: - Law | International |
Physical Information: 208 pages |
Descriptions, Reviews, Etc. |
Publisher Description: Rebellious Jurisprudence is the first attempt to construct a theory of judicial dissent as a matter of general international law. Although dissenting and separate opinions are typically associated with the common law tradition, the right of judges to issue such opinions has been recognised and reproduced across most international tribunals. Despite this, until now no attempt has been made to theorise the institutionalisation of judicial dissent in international law and its implications for how international tribunals discharge their functions. This study offers a theory of judicial dissent that addresses its ubiquity in international law, notwithstanding the often-fundamental disagreement between the principal legal cultures as to its effects. Rebellious Jurisprudence explores how insights from social anthropology - specifically ritual theory - supplement conventional accounts of judicial dissent. Whereas existing literature focuses upon 'revolutionary' or 'radical' dissent, this study expands our field of focus to sharpen our understanding of the 'everyday' dissent: the (rebellious) 'institutional dissent'. |