The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law
Author(s) -
Anthony Carty
Publication year - 1998
Publication title -
european journal of international law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.607
H-Index - 59
eISSN - 1464-3596
pISSN - 0938-5428
DOI - 10.1093/ejil/9.2.344
Subject(s) - law , perception , political science , philosophy , sociology , epistemology
The article explores the contribution ofthepurity ofKelsen's theory of international law to the exclusion of ethics and political analysis from the workfield of the international lawyer. It is argued that Kelsen's own approach is an epistemologically grounded argument against involvement in the emotional dimension of political relations, which he dismisses as irrational. This is what justifies professional evasiveness in the face of the continuing self-assertiveness of the nation-state. Keken is now such a formidable obstacle to the development of the discipline because the profession lacks his general intellectual culture and so is unable to question the foundations of his system.
Accelerating Research
Robert Robinson Avenue,
Oxford Science Park, Oxford
OX4 4GP, United Kingdom
Address
John Eccles HouseRobert Robinson Avenue,
Oxford Science Park, Oxford
OX4 4GP, United Kingdom