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. By reintroducing philosophy into the heart of the study of international law Anthony Carty 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. A range of approaches are covered -- post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology -- encouraging the reader to think afresh about how far to bring order to, or find order in, contemporary international society.
Key features: * Offers a broad survey of possible philosophical approaches to international law * Provides a fundamental critique of the basic techniques of the international lawyer * Includes case studies of colonial style interventions, the problem of American Empire and a vision of the shape of post-imperial, post-colonial world society.
Anthony Carty is Professor of Public Law at the University of Aberdeen.