Nicholas Aroney
Ashgate Dartmouth
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The philosophical assumptions underlying the foundationalist doctrine of custom are deconstructed with a view to grasping the matrix of custom?s deficiencies. This matrix is compared against the ICJ?s interpretation of custom. The place of reductionism and foundationalist violence in law creation is recognized. To reconcile these attributes of law creation to legitimacy endearing practices in the creation of rules of customary international law a composite doctrine of law creation is proposed and analysis of the philosophical