The Rise and Fall of Lauterpacht’s Function of Law

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Authors: Arnulf Becker Lorca, SARAH M. H. NOUWEN
Cited by: 0

Abstract

International law and institutions are for various reasons under great stress," read the opening line of the Journal's invitation to use classic books as a starting point for reflecting on today's world. 1 With that as the backdrop, it is not difficult to understand why the editors suggested we revisit Hersch Lauterpacht's The Function of Law in the International Community.2 Nowadays, this book provides the intellectual foundation of the project to judicialize politics.In publications of the last three decades, Lauterpacht's Function is frequently cited as the authority for the idea that the international judge is at the heart of the international rule of law and therefore a key actor for justice and world peace.3 At a time when not just the judicialization of politics is seen as under attack, but also the notion that interstate relations should be subject to legal constraints has been weakened, rereading the Function may reinvigorate the project of "standing tall for the rule of law." 4 However, a reader who opens the Function with the hope of a quick energy-andconfidence boost will likely end up disillusioned.Spanning over four hundred pages, six parts, and twenty chapters, the Function is not a piece of academic writing that one would use as an exemplar of an arrow-to-goal thesis that today's PhD candidates are told to write.The text does not directly tackle the topic suggested by the title-the function of law in the international community-until the very last pages.The idea of the centrality of the judge is more a premise than the book's argumentative arc.Writing styles may have changed; perhaps today's readers have less time-literally and figuratively-for anything but to-the-point

Fields of Study & Subjects

International Law and Human Rights Judicial and Constitutional Studies Evolving Legal Systems and Governance

Publication details

Journal / source
American Journal of International Law
Volume
120
Issue
1
Pages
22–43
Publication date
1 January 2026
Language
EN