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. ; A fundamental challenge to the foundations of the discipline of international law, this book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. ; Introduction: What Place for Doctrine in a Time of Fragmentation?; 1. Continuing Uncertainty in the Mainstream; 2. Towards a New Theory of Personality in International Law; 3. The Existence of States and the Use of Force; 4. International Economic/Financial Law; Index.
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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).