The Centre for Research in Reasoning, Argumentation & Rhetoric along with the PhD in Argumentation Studies at the University of Windsor invite you to a talk by
Ronnie Haidar, PhD Candidate, Argumentation Studies
International Law and Argumentation: Navigating Constraints and Seeking New Orientations
ABSTRACT: It is widely accepted within legal scholarship that international law functions as an argumentation practice. Nevertheless, there exists a lively discourse concerning its underlying purpose. Some contend that international law serves to legitimize legal facts, while others argue that its primary function is to persuade the various actors within the legal system to adopt specific positions. My position aligns with the argumentation theory articulated by Harald Wohlrapp, which emphasizes acquiring or establishing new orientations. An orientation encompasses the manner in which individuals perceive and comprehend the world around them. Our orientation profoundly shapes our interactions with and responses to our surroundings, thereby influencing our choices, actions, and overall behaviour.
Additionally, there is a notion that international law, as an argumentation practice, is subject to constraints imposed by interpretive communities and broader cultural contexts. In response to this, I find Wohlrapp 's theory to be particularly compatible with international law as it effectively navigates the constraints of interpretive communities. In this paper, I will expound on why I believe Wohlrapp ’s argumentation theory is best suited for international law by examining three key elements of his work. Firstly, Wohlrapp prioritizes validity over mere assent. Secondly, he advocates for achieving a middle ground, termed "midrange universality," which involves accommodating specific community perspectives while maintaining a universal outlook. Finally, Wohlrapp introduces the concept of "framing" in argumentation, which I contend is a method for responsibly incorporating diverse cultural and international legal perspectives, such as the Third World Approaches to International Law (TWAIL).
February 7th
3:00 p.m.
Chrysler Hall North, 1163
All Welcome