International Law's Invisible Frames

Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Humans acquire and form their knowledge through cognitive processes and in turn form a representation of reality by processing and using this knowledge through different mental channels. To better conceive the invisible frames within which international law moves and performs, we must understand how psychological and socio-cultural factors can affect decision-making in an international legal process, identify the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time, and unearth the hidden meaning of the various mythologies that populate and influence our normative world. Through illustrations across different areas of international law and insights from various fields of knowledge, this book seeks to investigate the mechanisms that allow us to apprehend and intellectually represent the social practice of international law, to unveil the hidden or often unnoticed processes by which our understanding of international law is formed, and to make us unlearn some of the presuppositions that activate automatic cognitive processes and inform our largely unquestioned beliefs about international law.

2021 ◽  
pp. 1-12
Author(s):  
Andrea Bianchi ◽  
Moshe Hirsch

The underlying premise of the research project is that humans acquire and form their knowledge through cognitive processes (eg perception, interpretation, language). At the same time, that knowledge is processed and used via different mental channels to form a representation of reality. Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Understanding how psychological and socio-cultural factors (including cultural bias) can affect decision-making in an international legal process; identifying the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time; and unearthing the hidden meaning of the various mythologies that populate and influence our normative world, are all key factors to providing a better understanding of the invisible frames within which international law moves and performs....


2018 ◽  
Vol 14 (3) ◽  
pp. 519-530 ◽  
Author(s):  
Vlad Petre Glăveanu

In this editorial I introduce the possible as an emerging field of inquiry in psychology and related disciplines. Over the past decades, significant advances have been made in connected areas – counterfactual thinking, anticipation, prospection, imagination and creativity, etc. – and several calls have been formulated in the social sciences to study human beings and societies as systems that are open to possibility and to the future. However, engaging with the possible, in the sense of both becoming aware of it and actively exploring it, represents a subject in need of further theoretical elaboration. In this paper, I review several existing approaches to the possible before briefly outlining a new, sociocultural account. While the former are focused on cognitive processes and uphold the old dichotomy between the possible and the actual or real, the latter grows out of a social ontology grounded in notions of difference, positions, perspectives, reflexivity, and dialogue. In the end, I argue that a better understanding of the possible can help us cultivate it in both mind and society.


2021 ◽  
pp. 293-308
Author(s):  
Ana Luísa Bernardino

International law textbooks are one of the most powerful invisible frames of our discipline. This chapter analyses some of the most influential international law textbooks as important objects of study that shed light on both processes of social cognition and knowledge production. It examines international law textbooks as engines of sociomental control that delimit the realm of the ‘relevant’ in international law. It also highlights how textbooks’ unarticulated assumptions, silences, and implicit messages help to constitute the discipline of international law, not only in the sense of influencing what counts as international law, but also what one thinks about and what one does as an international lawyer.


2018 ◽  
Vol 50 (1) ◽  
pp. 97-122 ◽  
Author(s):  
Larkin Weyand ◽  
Brent Goff ◽  
George Newell

This study examines how instructional conversations revealed the ways two teachers’ argumentative epistemologies (ideational and social process) shaped literacy events focused on the warranting of evidence. A microethnographic study of the literacy events within each teacher’s respective instructional unit revealed that each teacher’s epistemology shaped how students were asked to consider differing sources, relevancy, and sufficiency for warranting evidence within the context of writing extended argumentative essays. Events within an ideational epistemology required students to generate warrants as ideas to be applied to arguments in on-demand writing situations. Within a social process epistemology, students constructed warrants as a social practice appropriate for a specific rhetorical context. Each teacher supported his or her students in developing differing understandings of the nature of warranting. These findings highlight the importance of analyzing the teaching and learning of argumentative writing not only as written products of instruction but as a socialization into argumentative writing practices.


New Sound ◽  
2019 ◽  
Vol 53 (1) ◽  
pp. 89-117
Author(s):  
Blanka Bogunović

In this paper we presented an overview of theoretical and empirical research in a domain of cognitive psychology of music, psychology of creativity and interdisciplinary studies concerning the creative cognitive processes in composing music, with an intention to bring them into connection and to raise questions about further research. We brought into focus the cognitive processes in composing music since the key role of cognitive mechanisms and processes, next to the emotional experience and imagery, was shown in our previous research. The wide scope of knowledge, within a time span of some 35 years, was introduced covering the following themes - generative models of creative cognition, metacognitive strategies in composing, the relation between creativity, knowledge and novelty, creativity in the social-economical context. We paid attention to the several crucial theoretical models, some of them developed on the basis of exploration of compositional practices, one of the first being John Sloboda's psychological Model of typical compositional resources and processes (1985), that gave a global overview of the relevant components of the composing behavior. Psychology of creativity gave several process models that can be applied in a field of composing music. One of them, developed by Wallas (1926) and adapted for music making by Lehmann, Sloboda and Woody (2002), is the well-known theory of the creative process stages. We considered as the most prominent the Creative cognition approach formulated by Smith, Ward and Finke (1997) and their Geneplore model (1992). The authors listed a wide range of processes that are crucial for creativity, nevertheless they are engaged in the generative or exploratory phase. In our paper, we discussed metacognitive strategies engaged in a process of composing while considering music creation as a self-regulated activity. Further on, the relation between immersion, knowledge, the production of heuristic ideas and the cognitive strategies of problem solving were brought into focus. It was pointed out that quality of the creative outcomes will be influenced by the extent of the person's long-term knowledge structures, drawn intentionally or intuitively during the process, and by the manner in which the elements of that knowledge are accessed and combined. The social and cultural factors were considered in a frame of several confluent models, first of all Csikszentmihalyi's systems theory of creativity (2004), focused less on the creative person but on involving multiple factors. Simonton took into account massive and impersonal influences from the Zetgeist or Ortgeist and grouped them into four categories: cultural factors, societal factors, economic and political factors (2004). Further on, models and concepts, new research methodologies and new technology, that were developed specifically in a domain of music creation, as well as their results, were presented.


Author(s):  
Michael Dietler

The main focus of this article is consumption. Consumption is a material social practice involving the utilization of objects, as opposed to their production or distribution. Some scholars, who argue for the recent development of a distinctive ‘consumer society’ during the modern period, would define it even more specifically as the utilization of commodities, but this seems unnecessarily restrictive. Consumption was recognized as the social process by which people construct the symbolically laden material worlds they inhabit and which, reciprocally, act back upon them in complex ways. This article offers a brief review of recent studies of consumption, with an emphasis on the fields of archaeology and socio-cultural anthropology. It examines the dramatic growth of a general analytical focus on this practice and the relationship to an expanding interest in the study of material culture. Finally, the issue of methodology is briefly assessed, with special reference to the requirements for developing an effective archaeology of consumption.


2016 ◽  
Vol 6 (2) ◽  
Author(s):  
Sébastien Roman

In The Course of Recognition, Paul Ricœur pays special attention to Honneth’s social theory, on the one hand, because it is devoted to the important issue of the struggles for recognition and, on the other hand, because Axel Honneth proposes a convincing neo-Hegelian conception of social justice. However, while adhering to Honneth’s project, Ricœur establishes a dialectical relationship between love and justice, in order to correct an inherent defect of Anerkennung. The reference to agápē would provide the only way out of the endless struggle, by demonstrating that human beings are capable of mutual recognition through the social practice of gift/counter-gift. Ricœur presents agápē as a simple add-on to the Honnethian project. The present paper returns to this assertion, and demonstrates that, on the contrary, the use of agápē alters the struggles for recognition, and does not help us to arrive at a conception of social justice, which is capable of revealing experiences of injustice and combatting them.


2010 ◽  
Vol 3 (2) ◽  
pp. 14-40 ◽  
Author(s):  
Robert Axelsson

Integrative Research and Transdisciplinary Knowledge Production: A Review of Barriers and BridgesContemporary policies about use of natural resources clearly pronounce sustainable development towards the goal sustainability as a focal objective. A key challenge for research is to support improvements and management by evaluation of sustainability policy implementation, i.e. outcomes on the ground and the social process in actual landscapes. However, while a landscape consists of integrated social and ecological subsystems and should thus be treated as a holistic unit or system, most research and postgraduate training is disciplinary. This means that very few researchers are equipped to solve problems or contribute to solutions in the non-academic world. There is thus a need for universities to learn integrative (interdisciplinary and transdisciplinary) research and knowledge production that meets complex challenges related to sustainable development and sustainability issues as for example management and governance of natural resources. In this paper I review the background, concepts and the barriers and bridges to integrative research and knowledge production. As a base for evaluation and development of integrative research projects I propose a normative model for integrative knowledge production processes. This was done through a literature review and a study of an integrative research project. I discuss how transdisciplinary research about landscapes and to solve complex sustainability issues can be designed, viz. (1) there is a need for a common understanding of different types of integrative research, (2) an outspoken aim to develop socially robust knowledge, (3) a model for transdisciplinary collaborative learning processes, and (4) a funding scheme that include academic and non-academic participants and matches the long process of partnership building during the full knowledge production process, from problem identification/definition to an improvement or a management solution.


2021 ◽  
pp. 35-54
Author(s):  
Anne van Aaken ◽  
Jan-Philip Elm

Framing is pervasive in public international law. International legal norms and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time, it has not been systematically explored in the context of social cognition and knowledge production processes in public international law. We aim to close this gap by examining the implications of framing effects—that is, issue framing and equivalence (including gain-loss) framing—for preference and belief formation in specific settings. After providing an overview of the experimental evidence of both types of framing, we identify typical situations in public international law where framing effects play an important role in social cognition and knowledge production processes. Without claiming to be exhaustive, we focus on international negotiations, international adjudication, global performance indicators, and norm framing.


Author(s):  
Aaron James

Conservative American jurisprudence often staunchly maintains that each society—and especially the United States—enjoys an absolute right of sovereignty as against the constraints of international law. This position is often maintained in a philosophically dogmatic way—as a morally unsupported assertion that political authority can only have a domestic source. Yet the social contract tradition, especially in the work of Thomas Hobbes, but also in contemporary arguments by Michael Walzer, offers something of a principled defense of this view. This chapter will outline a fundamental alternative to this conservative position, also located within the social contract tradition. Domestic political authority, on this rival view, partly has its source in the larger state system that constitutes and defines the right of sovereignty with a political social practice of global scope.


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