Philosophy of International Law - Paperback

by Anthony Carty (Author)

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.

Back Jacket

Discover how philosophy is essential to the creation, development, application and study of international law Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the naturalist, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the networks of relationships among the protagonists of international law, states, peoples and individuals. Key features - 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 New for this edition - Updated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administration's approach to international law in the war on terror - Each chapter includes suggestions for further reading, including the most current sources from 2016 Anthony Carty is the 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.

Author Biography

Anthony Carty is the Cheng Yu Tung Chair of Public International Law at the Tsinghua University School of Law in Beijing. He is the author of Philosophy of International Law (Edinburgh University Press, 2017).