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International Law and ReligionHistorical and Contemporary Perspectives$
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Martti Koskenniemi, Mónica García-Salmones Rovira, and Paolo Amorosa

Print publication date: 2017

Print ISBN-13: 9780198805878

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198805878.001.0001

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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: 26 January 2021

International Law-making and Metaphysical Foundations of Universality

International Law-making and Metaphysical Foundations of Universality

Retrieving an Alternative Metaphysics

(p.383) 16 International Law-making and Metaphysical Foundations of Universality
International Law and Religion

Elena Paris

Oxford University Press

This chapter investigates the oppressive operation of the universal in international law and suggests that we might look for the origin of a foundational type of thinking, noticeable both in naturalism and in positivism, in the way metaphysics was conceived in the West. It proposes that Christos Yannaras’ specific interpretation of Christian theology could be a source of inspiration for an alternative way of conceiving metaphysics, which is able to offer a non-foundational, fluid understanding of grounds. It results in a theological argument that supports the plea to take seriously consent as the basis for international law-making without dropping the aspiration towards universality, an important issue to be addressed by the contemporary constitutionalizing global order.

Keywords:   constitutionalism, pluralism, universality, indeterminacy, apophaticism, Western metaphysics, foundationalism, relational ontology, Christos Yannaras, Martin Heidegger

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