Over the past few centuries, multiple historiographical traditions have clashed over the study of Kerala history. Epistemological groups proposed here include archetypal historians who created...Show moreOver the past few centuries, multiple historiographical traditions have clashed over the study of Kerala history. Epistemological groups proposed here include archetypal historians who created original written histories with mythological elements, positivist historians who reject the mythological nature of the local histories, and post-structuralist historians who try to reconcile the useful historical data to be found in positivist and archetypal works. What has been lacking in this field has been a comparative study to explore the similarities and differences between these epistemologies, which this modest project seeks to present in the context of the historiographical 'journey' of Kerala's Cheraman Perumal legend. Concluding that there is a need for further post-structuralist study of the Cheraman Perumal, this project seeks to act as a call to action as an outsider to the field, to show why historians specializing in Kerala's history should be exploring the varied historiographical epistemologies to fill in the gaps in Kerala's history through previously ignored sources, specifically those of the Cheraman Perumal story.Show less
This thesis analyses the authority of international law from the perspective of international legal positivism. The traditional approach that takes the state’s will as the foundation of...Show moreThis thesis analyses the authority of international law from the perspective of international legal positivism. The traditional approach that takes the state’s will as the foundation of international law is problematic as it results in the voluntarist dilemma. For international law to have objective power, a state should be incapable of escaping its authority by its own will even though this will is what constituted international law in the first place. The incompatibility of this would mean that international law’s authority is actually based on a ‘special’ will that is external to the wills of states. Georg Jellinek devised a theory of international law that supposedly accounts for international law’s objective authority while maintaining the state’s will as its foundation. His theory is built on what he calls “the normative force of the factual”, but falls short as it cannot withstand Hume’s law. Herbert Hart’s theory of law is more promising as it leaves the state’s will out of the equation and focuses on legal practice to understand the necessary features of a legal system. International law, however, is “law” but not a legal system. This thesis challenges Hart’s understanding of international law as “law” and argues that there is an international legal system consisting of primary and secondary rules.Show less
