International Legal Positivism in a Post-Modern World
edited by Jörg Kammerhofer, Jean D'Aspremont - Cambridge University Press, 2016
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International Legal Positivism in a Post-Modern World provides fresh
perspectives on one of the most important and most controversial
families of theoretical approaches to the study and practice of
international law. The contributors include leading experts on
international legal theory who analyse and criticise positivism as a
conceptual framework for international law, explore its relationships
with other approaches and apply it to current problems of international
law. Is legal positivism relevant to the theory and practice of
international law today? Have other answers to the problems of
international law and the critique of positivism undermined the
positivist project and its narratives? Do modern forms of positivism,
inspired largely by the theoretically sophisticated jurisprudential
concepts associated with Hans Kelsen and H. L. A. Hart, remain of any
relevance for the international lawyer in this 'post-modern' age? The
authors provide a wide variety of views and a stimulating debate about
this family of approaches.
Provides critical and comparative insights into the meaning, use and
value of legal positivism in twenty-first-century international legal
scholarship
Reflects critically on international legal positivism without necessarily espousing any particular theoretical approach
Re-evaluates positivist theoretical, conceptual and
methodological moves, and helps readers acquire critical distance from
the theoretical mainstream or orthodox theory and methodology of
international law
