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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Project of Positivism in International Law (Hardcover)
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The Project of Positivism in International Law (Hardcover)
Series: The History And Theory Of International Law
Expected to ship within 10 - 15 working days
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International legal positivism has been crucial to the development
of international law since the nineteenth century. It is often seen
as the basis of mainstream or traditional international legal
thought. The Project of Positivism in International Law addresses
this theory in the long-standing tradition of critical intellectual
histories of international law. It provides a nuanced analysis of
the resilience of the economic-positivist theory, and shows how
influential its role was in shaping the modern frameworks of
international law. The book argues that the rise of positivist
international law was inseparable from philosophical developments
placing the notion of conflict of interests at the centre of
collective life. Where previously international thought was
dominated by notions of the right, the just, and the good,
increasingly international relations became viewed as 'interests'
in need of harmonisation. In this context, international law was
re-founded as the universal law that could harmonise the interests
of both public and private international entities. The book argues
that these evolutions in philosophical thought were bound up with
the consolidation of capitalism, and with the ideas about human
existence and human nature which emerged in that process. It
provides an innovative analysis of the selected biography of ideas
which it presents, including a detailed focus on the work of Hans
Kelsen, one of the leading positivist thinkers of the twentieth
century. It also argues that the work of Lassa Oppenheim should be
included within this analysis, as providing some of the key
founding texts of positivism in international law. This book will
be a fascinating read for scholars and students of international
legal theory, historians of ideas, and legal philosophers.
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