The hidden theology of international legal positivism

Rasulov, A. (2021) The hidden theology of international legal positivism. In: Slotte, P. and Haskell, J. D. (eds.) Christianity and International Law: an Introduction. Cambridge University Press: Cambridge, United Kingdom ; New York, NY, pp. 415-460. ISBN 9781108474559 (doi:10.1017/9781108565646.019)

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Abstract

This chapter is a study in the critical deconstruction of one of the most popular theoretical paradigms in modern international law and its basic ideological impact on international law as a discipline. The paradigm in question is voluntarist positivism, and the general thrust of its ideological impact on the discipline of international law, I am going to argue, has been to encourage within it the rise and spread of what one might call a theoretical culture of bad faith – a mix of false consciousness, self-censorship, and a “crooked attitude towards truth and knowledge”– particularly, in what concerns international law’s relationship with natural law and Christian theology. The last two sentences use a lot of notoriously ambivalent concepts. For the prevention of doubt, let me explain briefly how I understand them in these pages.

Item Type:Book Sections
Status:Published
Glasgow Author(s) Enlighten ID:Rasulov, Professor Akbar
Authors: Rasulov, A.
College/School:College of Social Sciences > School of Law
Publisher:Cambridge University Press
ISBN:9781108474559
Copyright Holders:Copyright © 2021 Pamela Slotte and John Haskell
First Published:First published in Christianity and International Law: an Introduction: 415-460
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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