This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-e…
As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't interna…
Positivism is seen as one of the most influential theoretical frameworks for understanding international law. This book investigates its origins and demonstrates how it has influenced the development of international law.
Positivism is seen as one of the most influential theoretical frameworks for understanding international law. This book investigates its origins and demonstrates how it has influenced the development of international law.
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in t…
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method develo…
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method develo…
"Although the subject-matter of jurisprudence (sometimes called 'legal theory') is not understood in precisely the same way everywhere, everyone agrees that the question of the nature of law falls within the purview of jurisprudence. The central question is, 'What is law?', or '…
Introduction / Torben Spaak and Patricia Mindus -- Positivism, realism, and sources of law / Leslie Green -- Normative legal positivism / Frederick Schauer -- Legal positivism as a realist theory of law / Brian Leiter -- The German tradition of legal positivism / Stephan Kirste …
"Although the subject-matter of jurisprudence (sometimes called 'legal theory') is not understood in precisely the same way everywhere, everyone agrees that the question of the nature of law falls within the purview of jurisprudence. The central question is, 'What is law?', or '…
Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Le…
