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Towards a Hermeneutic Methodology for the Study of Contemporary Constitutionalism

Hannes Hansen-Magnusson
Cardiff University
Hannes Hansen-Magnusson
Cardiff University

Abstract

The paper unfolds a hermeneutic methodology with a view to establishing a framework for the analysis of contemporary constitutionalism, using the making of the UN Convention on the Law of the Sea as empirical reference point. The paper holds that hermeneutic approaches have been underexplored in International Relations (IR) research, but that they might provide insights into the complex constellation of actors as well as interaction processes. It argues that these process obtain a narrative-like structure from which it is possible to reconstruct the trajectory of contemporary constitutionalism. To this end the paper argues that hermeneutics can shed light particularly on the analyses of inter-/national encounters, a setting in which shared background knowledge about the meaning of norms cannot be taken for granted. The paper proceeds in three steps. After delineating the building blocks of a hermeneutic analysis the paper exemplifies the workings of the approach with reference to its empirical case that is located on the intersection of international relations and international law. In its conclusion the paper raises the normative issue of who gets access to participate in the narrative construction of international politics and what minimum standards this constellation should fulfill.