Description
Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice.By covering a range of approaches - post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology - this book will encourage you to think afresh about how far to bring order to, or find order in, contemporary international society.
Explores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial law. The historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy today. Revises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society.
About the Author
Anthony Carty is Cheng Yu Tung Chair of Public International Law at the Tsinghua University School of Law in Beijing and Professor of Law at the University of Aberdeen.
Book Information
ISBN 9780748675517
Author Anthony Carty
Format Paperback
Page Count 320
Imprint Edinburgh University Press
Publisher Edinburgh University Press
