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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: [email protected]
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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

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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