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2022

International Law

Touro University Jacob D. Fuchsberg Law Center

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Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer Jan 2022

Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer

Touro Law Review

What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …