The ‘practice turn’ in international law: insights from the theory of structuration

Author(s):  
Nicolas Lamp
2020 ◽  
Vol 9 (1) ◽  
pp. 183-198
Author(s):  
NORA STAPPERT

Abstract:How can we account for the normative dimension of international practices? Silviya Lechner and Mervyn Frost’s Practice Theory and International Relations answers this question by proposing, with a considerable degree of epistemological sophistication, what the authors call ‘normative descriptivism’, which they combine with a focus on ‘macro practices’. In this contribution, I start by examining the authors’ engagement with IR’s practice turn, and the insights this engagement may offer on the underlying objective of their approach. I then turn to Lechner and Frost’s decision to eclipse history. The contribution concludes by using the evolution of international law as a cursory illustration of the types of analyses Lechner and Frost’s approach would lead to. It thereby emphasises potential challenges inherent in the authors’ combination of internalism as rooted in individual self-consciousness and a focus on ‘macro practices’, including the possibility that it might limit the potential to critically question the standard that becomes identified as universal.


2018 ◽  
Vol 49 (4) ◽  
pp. 429 ◽  
Author(s):  
Jutta Brunnée ◽  
Stephen J Toope

Drawing on the practice-turn in constructivism and in international relations (IR) theory more generally, we argue that a particular approach to managing stability and change is inherent in, and indeed characteristic of, legality and the rule of law in international as in domestic law. Our "interactional law" framework places particular emphasis on what we call the "practice of legality". This concept is central to understanding how law can both enable and constrain state actions, and why international law is a distinctive language of justification and contestation. In turn, the focus on stability and change is helpful because it directly confronts some of the persistent doubts and assumptions about international law, in particular in relation to international politics. Our work is animated by the intuition that the dominant views in IR and international law scholarship underestimate international law's capacity to mediate stability and change, in part because they focus on the surface of law (treaties, statutes and so on) and external factors (interests, enforcement). They neglect the deeper structure of what makes norms "law", and the distinctive practices that account for both its relative stability and its capacity for change.


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