This book 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, Anthony carty explains how traditionally 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 way of renewing philosophical practice.
A range of approaches are covered - post-structuralism, neo-Marxist geopolitics, social democratic constitutional theory and existential phenomenology - encouraging the reader to think after about how far to bring order to, or find order in, contemporary international society.
Offer a broad survey of possible philosophical approaches to international law
provides a fundamental critique of the basic techniques of the international lawyer
Includes case studies of colonial style interventions, the problem of America Empire and a vision of the shape of post-imperial, post-colonial world society
|Publisher:||Edinburgh University Press|
|Product dimensions:||6.10(w) x 9.20(h) x 0.60(d)|
|Age Range:||18 Years|
About the Author
Anthony Carty is the Cheng Yu Tung Chair of Public International Law at the Tsinghua University School of Law in Beijing.
Table of Contents
Preface and Acknowledgments vi
1 What Place for Doctrine in a Time of Fragmentation? 1
2 Continuing Uncertainty in the Mainstream 26
3 International Legal Personality 79
4 The Use of Force 110
5 American Legal Cultures of Collective Security 140
6 Marxism and International Law 163
7 Resistances to the Neoliberal International Economic Order 193
8 From an Order of Fear to One of Respect 221