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88 Nordic J. Int'l L. 1 (2019)

handle is hein.journals/nordic88 and id is 1 raw text is: 

                                                                  NORDIC
                NORDIC  JOURNAL  OF  INTERNATIONAL  LAW           JOURNAL
  BRILL                         (2019) 1-8                        I  N  NA
NIJHOFF                                                          brill.com/nord



Introduction: An Anatomy of Autonomy
Guest Editors

       Jan Klabbers
       Professor of International Law, University of Helsinki, Helsinki, Finland

       Panos  Koutrakos
       Professor of EU Law, Jean Monnet Professor of EU Law, City, University of
       London,  London, UK



I       Introduction

Western  thought is dominated  by the dynamics  of the whole  and its parts.
Sociologists have distinguished between community   and society, the former
denoting  a collectivity, the latter rather autonomous co-existence. Political
philosophers  distinguish between community   and  individualism or, some-
times, between  universitas and societas, denoting much the same.' And the
same  basic tension props up in legal discussions, for instance Robert Cover's
well-known  juxtaposition of nomos and narrative2 or, closer to the ground, in
discussions on the tension between  individual and collective human  rights,
or between  statehood and the right to self-determination of distinct peoples
inhabiting the state.3
   Yet, as well-established as the tradition of thinking in terms of the whole
and its parts may be, it is rarely investigated whether this has given rise to some
legal principle or other, perhaps in part precisely because of this regular ten-
sion: if justice demands catering for both the collective and its parts (as may
well be presumed), then taking sides in the form of a legal principle becomes
difficult to justify. Both in morals and in law, statehood has its appeal, as does


1  For a useful overview see Shlomo Avineri and Avner de-Shalit (eds.), Comm unitarianism and
   Individualism (Oxford University Press, Oxford, 1992); the distinction between universitas
   and societas is central to Michael Oakeshott, On Human Conduct (Clarendon, Oxford 1975).
2  See Robert Cover, 'The Supreme Court, 1982 Term - Foreword: Nomos and Narrative, 97 Har-
   vard Law Review (1983) P. 4.
3  The literature is voluminous; see, e.g., Antonio Cassese, Self-determination ofPeoples:A Legal
   Appraisal (Cambridge University Press, Cambridge, 1995).


© KONINKLIJKE BRILL NV, LEIDEN, 2019  DOI 10.1163/15718107-08810001

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