International Legal Positivism in a Post-Modern World

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Jörg Kammerhofer, Jean D'Aspremont
Cambridge University Press, Oct 6, 2014 - Law - 540 pages
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.
 

Contents

Classical legal positivism in international law revisited
23
German intellectual historical origins of international legal
50
Hans Kelsen in todays international legal scholarship
81
Herbert Hart in todays international legal scholarship
114
Beyond Kelsen and Hart
151
Postmodern perspectives on orthodox positivism
182
International legal positivism and modern natural law
213
International legal positivism and constitutionalism
264
Teaching general public international law
349
International law in domestic and supranational
378
Transnational governance regimes
401
Human rights from a neovoluntarist perspective
421
International criminal law
451
International humanitarian law
475
Use of force
498
Index
521

International legal positivism and new approaches
291
Interpretation
317

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About the author (2014)

Jörg Kammerhofer is a senior research fellow and senior lecturer at the Faculty of Law, University of Freiburg, Germany. He is also a visiting lecturer at the University of Economics and Business Administration in Vienna, Austria. Jean d'Aspremont holds the Chair of Public International Law at the University of Manchester. He is also Professor of International Legal Theory at the University of Amsterdam, The Netherlands.

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