The situated and bounded rationality of international courts: A structuralist approach to international adjudicative practices

Understanding international judicial behaviour requires the development of a perspective that considers both individual and collective action. On the one hand, individual judges are influenced and shaped by their background and trajectory prior to their international judicial appointment; on the oth...

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Bibliographic Details
Published in:Leiden journal of international law 2022-12, Vol.35 (4), p.931-943
Main Authors: Caserta, Salvatore, Madsen, Mikael Rask
Format: Article
Language:English
Subjects:
Behavior
Bourdieu, Pierre (1930-2002)
Case law
Collective action
Habitus
Influence
International courts
INTERNATIONAL LAW AND PRACTICE: SYMPOSIUM ON THE EFFECTS OF INTERNATIONAL JUDGES’ PERSONAL CHARACTERISTICS ON THEIR JUDGING
ORIGINAL ARTICLE
Rationality
Realism
Structuralism
Structuration
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Summary:Understanding international judicial behaviour requires the development of a perspective that considers both individual and collective action. On the one hand, individual judges are influenced and shaped by their background and trajectory prior to their international judicial appointment; on the other hand, when appointed to international courts, they become part of a particular social setting and group dynamic. The article provides an interpretive, structural theory of judicial behaviour which allows for an understanding of international judicial action and the judicial institutional practices resulting from it. The article explains this double structuration of international judicial behaviour by first reconsidering and amending the notion of habitus, originally developed by Pierre Bourdieu, and secondly by applying this idea to the practice of the Caribbean Court of Justice.
ISSN:0922-1565
1478-9698
DOI:10.1017/S0922156522000486