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International Legal Positivism in a Post-Modern World

$43.00 USD

Jean d'Aspremont, Jörg Kammerhofer, Richard Collins, Jochen von Bernstorff, Alexander Somek, Ingo Venzke, Patrick Capps, Jeremy Telman, Jan Klabbers, Sahib Singh, Gleider Hernández, Florian Hoffmann, Beatrice Bonafé, Dennis Patterson, Théodore Christakis, Dov Jacobs, Yael Ronen, Christian Tams, Antonios Tzanakopoulos
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  • Date Published: September 2014
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781316057650

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About the Authors
  • 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
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    Product details

    • Date Published: September 2014
    • format: Adobe eBook Reader
    • isbn: 9781316057650
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Introduction: the future of international legal positivism Jean d'Aspremont and Jörg Kammerhofer
    Part I. Theorising International Legal Positivism:
    2. Classical positivism in international law revisited Richard Collins
    3. German intellectual historical origins of international legal positivism Jochen von Bernstorff
    4. Hans Kelsen in today's international legal scholarship Jörg Kammerhofer
    5. Herbert Hart in today's international legal scholarship Jean d'Aspremont
    6. Beyond Kelsen and Hart Alexander Somek
    7. Post-modern perspectives on orthodox positivism Ingo Venzke
    Part II. Relating International Legal Positivism:
    8. International legal positivism and modern natural law Patrick Capps
    9. International legal positivism and legal realism Jeremy Telman
    10. International legal positivism and constitutionalism Jan Klabbers
    11. International legal positivism and new approaches to international law Sahib Singh
    Part III. Using International Legal Positivism:
    12. Interpretation Gleider Hernández
    13. Teaching general public international law Florian Hoffmann
    14. International law in domestic and supranational settings Beatrice Bonafé
    15. Transnational governance regimes Dennis Patterson
    16. Human rights from a neo-voluntarist perspective Théodore Christakis
    17. International criminal law Dov Jacobs
    18. International humanitarian law Yael Ronen
    19. Use of force Christian Tams and Antonios Tzanakopoulos.

  • Editors

    Jörg Kammerhofer, Albert-Ludwigs-Universität Freiburg, Germany
    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, University of Manchester and Universiteit van Amsterdam
    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.

    Contributors

    Jean d'Aspremont, Jörg Kammerhofer, Richard Collins, Jochen von Bernstorff, Alexander Somek, Ingo Venzke, Patrick Capps, Jeremy Telman, Jan Klabbers, Sahib Singh, Gleider Hernández, Florian Hoffmann, Beatrice Bonafé, Dennis Patterson, Théodore Christakis, Dov Jacobs, Yael Ronen, Christian Tams, Antonios Tzanakopoulos

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