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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.
This books maps out the territory of international law and religion
challenging received traditions in fundamental aspects. On the one
hand, the connection of international law and religion has been
little explored. On the other, most of current research on
international legal thought presents international law as the very
victory of secularization. By questioning that narrative of
secularization this book approaches these traditions from a new
perspective. From the Middle Ages' early conceptualizations of
rights and law to contemporary political theory, the chapters bring
to life debates concerning the interaction of the meaning of the
legal and the sacred. The contributors approach their chapters from
an array of different backgrounds and perspectives but with the
common objective of investigating the mutually shaping relationship
of religion and law. The collaborative endeavour that this volume
offers makes available substantial knowledge on the question of
international law and religion.
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R1,150
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Discovery Miles 8 870
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