Caserta & Madsen: The Situated and Bounded Rationality of International Courts: A Structuralist Approach to International Adjudicative Practices

Salvatore Caserta (Univ. of Copenhagen - iCourts) & Mikael Madsen (Univ. of Copenhagen - Law) have posted The Situated and Bounded Rationality of International Courts: A Structuralist Approach to International Adjudicative Practices (Leiden Journal of International Law, forthcoming). Here's the abstract:

Understanding international judicial behaviour requires developing a perspective that considers both individual and collective action. On the one hand, individual judges are marked by their background and trajectory before international judicial appointment; on the other hand, when appointed to international courts they enter a particular social setting and group dynamic. The paper provides an interpretive, structural theory of judicial behaviour that allows to understand international judicial action and the resulting judicial institutional practices. The paper explains this double structuration of international judicial behaviour by first reconsidering and amending the notion of habitus originally developed by Pierre Bourdieu and secondly applying this idea to the practice of the Caribbean Court of Justice.