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System, Order, and International LawThe Early History of International Legal Thought from Machiavelli to Hegel$
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Stefan Kadelbach, Thomas Kleinlein, and David Roth-Isigkeit

Print publication date: 2017

Print ISBN-13: 9780198768586

Published to Oxford Scholarship Online: June 2017

DOI: 10.1093/acprof:oso/9780198768586.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

Universalism and Particularism

Universalism and Particularism

A Dichotomy to Read Theories on International Order

(p.482) 23 Universalism and Particularism
System, Order, and International Law

Armin von Bogdandy

Sergio Dellavalle

Oxford University Press

This chapter argues that current strands of the theories on international, supranational, and transnational law are on the road to leaving the dichotomy of universalism and particularism. It maintains against the trend that this dichotomy should be upheld. While some innovative conceptions look forwards to post-dichotomous rearrangements of domestic and international order, many other authors are still to be located within the traditional categories. Even if theories overcome the dichotomy of universalism and particularism, this does not imply that these categories fully belong to the past. On the contrary, they are still instruments for the understanding of the contrasting interpretations of domestic and international order. As normative concepts, the concepts of universalism and particularism help to shape preferences as regards the extension of order and the sources of its legitimacy, enabling to substantiate options by a well-founded interpretation of the old and new scholarship.

Keywords:   system, order, universalism, particularism, post-modernity, cosmopolitanism

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