We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure [email protected]
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The use of state practice and opinio juris to identify customary international law has increasingly come into question. Yet this is a foundational question of the concept of law. The chapter draws from Herman Dooyeweerd’s Encyclopedia of the Science of Law to explain CIL. He distinguishes the jural aspect from all other aspects of reality, accounting for the former’s internal structure as it is interconnected with that of fourteen other aspects, in a complex web of analogies. The Encyclopedia examines the nature of the jural dimension through three interrelated pillars. The jural aspect is one of the irreducible yet interconnected universal multidimensional modes or aspects of reality. Through it, the second and third pillars – entities and enkapsis – are viewed and understood as legal phenomena. Entities build pluralistic legal ontologies that exhibit differentiated responsibility and differentiated integrity. Enkapsis is the complex intertwining of formal and material sources. In ‘legal enkapsis’ different material sources display a mutual interrelationship that binds and limits without altogether cancelling one another, a process described as ‘inter-legality’ in contemporary literature. It combines the two pillars of his philosophy –modal aspects and entities – into a comprehensive and integrative concept of law, to provide a systematic account of CIL as inter-legality.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.