Abstract

AbstractPre- and post-agreement discourses are an integral part of international relations. Yet, they only matter sometimes as an empirical analysis of European judicial discourses shows. State of the art Habermasisan and social psychology approaches on effective arguing cannot sufficiently explain variation in the success of discourses. This requires a fine-grained perspective: Only if actors share yardsticks fitting to the issue at stake, they can commonly assess the quality of arguments and incrementally develop a consensus. If such issue-specific reference standards are absent, actors talk at cross-purposes and dissent prevails. The article empirically illustrates the importance of intersubjective validity for the effectiveness of discourses and tests its central claim against alternative constructivist and rationalist explanations.

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