Abstract
This study conducts a critical analysis of the text “Sociology of International Arbitration,” published by Emmanuel Gaillard in 2015. Grounded in the concept of epistemological vigilance, the study evaluates Gaillard’s observations and conclusions through an interdisciplinary lens. Furthermore, it proposes a new analytical perspective for the field of arbitration, drawing upon the theoretical framework of legal anthropology. To this end, concepts such as “juridicity” and “legal pluralism” are introduced as tools to understand arbitration as a distinct social field, permeated by its own habitus and internal classifications. The paper is structured to first explore the proper application of social sciences within legal research, subsequently critique the reference text, and finally, present legal anthropology as a pathway to a more profound analysis of arbitration as a social phenomenon.
Presenters
Rafael BarthasarStudent, Law Master's Candidate, Mackenzie Presbiterian University, São Paulo, Brazil
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
Interdisciplinarity, Arbitration, Legal Sociology, Legal Anthropology
