Hostname: page-component-8448b6f56d-gtxcr Total loading time: 0 Render date: 2024-04-16T12:27:39.779Z Has data issue: false hasContentIssue false
  • English
  • Français

Not to save, but to encounter: Fitzpatrick as transnational jurisprudent

Published online by Cambridge University Press:  20 May 2021

Sundhya Pahuja
Sundhya Pahuja*
Affiliation:
Professor of Law, Director, Institute for International Law and the Humanities, University of Melbourne, Australia
*
*Corresponding author. E-mail: s.pahuja@unimelb.edu.au
Get access Rights & Permissions [Opens in a new window]

Abstract

This essay sketches the lineaments of the relationship between international law and the jurisprudence of Peter Fitzpatrick. It argues that Fitzpatrick was a model ‘transnational jurisprudent’ who accepted responsibility for the ongoing conduct of lawful relations, even as he offered a thoroughgoing critique of occidental law. For the occidentally trained international lawyer, Fitzpatrick's work offers a way to take up that responsibility by reimagining international law through its historical roots as a parochial law of encounter.

Keywords

imperialisminternational lawuniversalityofficeencounter
Type
Article
Information
International Journal of Law in Context , Volume 17 , Special Issue 1: Celebration of Peter Fitzpatrick and his Scholarship , March 2021 , pp. 24 - 27
Copyright
Copyright © The Author(s) 2021. Published by Cambridge University Press

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Auden, WH (1939/2010) Law Like Love. In Kader, D and Standford, M (eds) (2010), Poetry of the Law: From Chaucer to the Present. Iowa City: University of Iowa Press, pp. 108–109.Google Scholar
Dorsett, S and McVeigh, S (2012) Jurisdiction. Abingdon: Routledge.10.4324/9780203115435CrossRefGoogle Scholar
Eldridge, CC (1996) Disraeli and the Rise of a New Imperialism. Cardiff: University of Wales Press.Google Scholar
Fitzpatrick, P (1980a) Law and the State in Papua New Guinea. London: Academic Press.Google Scholar
Fitzpatrick, P (1980b) Really rather like slavery: law and labor in the colonial economy in Papua New Guinea. Contemporary Crises 4, 77–95.CrossRefGoogle Scholar
Fitzpatrick, P (1992) The Mythology of Law. London: Routledge.Google Scholar
Fitzpatrick, P (2001a) Law like poetry – Burnt Norton. Liverpool Law Review: A Journal of Contemporary Legal and Social Policy 23, 285–288.CrossRefGoogle Scholar
Fitzpatrick, P (2001b) Modernism and the Grounds of Law. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Fitzpatrick, P (2003) ‘Gods would be needed …’: American empire and the rule of (international) law. Leiden Journal of International Law 16, 429–466.CrossRefGoogle Scholar
Fitzpatrick, P (2006) Latin roots: imperialism and the making of modern law. CLAVE: A Counter-disciplinary Journal of Race, Culture and Power 2, 1–18.Google Scholar
Fitzpatrick, P (2007) Is humanity enough? The secular theology of human rights. Law, Social Justice, and Global Development 1, 1–14.Google Scholar
Fitzpatrick, P (2008) Law as Resistance: Modernism, Imperialism, Legalism. Burlington: Ashgate.Google Scholar
Fitzpatrick, P (2011) Latin roots: the force of international law as event. In Johns, F, Joyce, R and Pahuja, S (eds), Events: The Force of International Law. Abingdon: Routledge, pp. 43–54.Google Scholar
Fitzpatrick, P (2012) Surpassing sovereignty. In Evans, J et al. (eds), Sovereignty. Honolulu: University of Hawai'i Press, pp. 181–195.CrossRefGoogle Scholar
Fitzpatrick, P (2014) Taking place, Westphalia and the poetics of law. London Review of International Law 2, 155–165.CrossRefGoogle Scholar
Fitzpatrick, P (2017) Still not being modern: law and the insistence of myth. Australian Feminist Law Journal 43, 232.CrossRefGoogle Scholar
Fitzpatrick, P, with Pahuja, S et al. (2021) A training in conduct. In Chalmers, S and Pahuja, S (eds), The Routledge Handbook of International Law and the Humanities. Abingdon: Routledge.Google Scholar
Fitzpatrick, P and Tuitt, P (eds) (2003) Critical Beings: Law, Nation and the Global Subject. Burlington: Ashgate.Google Scholar
Jasanoff, S (2005) Designs on Nature: Science and Democracy in Europe and the United States. Princeton: Princeton University Press.10.1515/9781400837311CrossRefGoogle Scholar
Latour, B (1993) We Have Never Been Modern, Porter C (trans.). Cambridge, MA: Harvard University Press.Google Scholar
McVeigh, S (2019) Critical approaches to jurisdiction and international law. In Allen, S et al. (eds), The Oxford Handbook of Jurisdiction in International Law. Oxford: Oxford University Press.Google Scholar
McVeigh, S, with Genovese, A and McMillan, M (2021) Modus vivendi: office of transnational jurisprudent. In Chalmers, S and Pahuja, S (eds), The Routledge Handbook of International Law and the Humanities. Abingdon: Routledge.Google Scholar
Norgaard, R (1994) Development Betrayed: The End of Progress and a Co-evolutionary Revisioning of the Future. London: Routledge.Google Scholar