Philosophy of International Law

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.

Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.

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.