Anthony Carty
Biographic Data
| ID | 996579 |
|---|---|
| NAME | Anthony Carty |
| GIVEN NAMES | Anthony |
| FAMILY NAME | Carty |
| SIGNATURE | CARTY A |
| AFFILIATIONS | University of Derby |
| ORCID | 0000-0002-6183-1815 |
| VERIFIED | Yes |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 20 |
| WORKS AS AUTHOR | 30 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 3 |
Morality and Responsibility of Rulers
A comparative study of the history of ideas on rule of law. This book examines Eastern and Western traditions to reveal ‘rule of law as justice’ conceptions with differ from the positivist conceptions of the liberal internationalist rule of law today. From an examination of Northern Humanism and natural law it considers whether comparable concepts existed in Chinese thought of the same era. It focuses on the possibilities of traditional Chinese a…
Sources in the Meta-History of International Law
This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and anti-metaphysics had paved the way to legal positivism, which took a new pathological turn with Hans Kelsen’s and Carl Schmitt’s fixation on ideological purity. Moreover, international legal positivism means acquiescence in coercive international relations. And the histo…
Confucianism and Western International Law in 1900
In late imperial China, interpersonal relationships played a crucial role in Chinese officials’ reactions to international law in 1900. Shaped by Confucianism, interpersonal relationships significantly influenced Li Hongzhang in his internal relations with his rivals and his relations with foreign diplomats. They determined his strategy for dealing with the West more than the contents of any Confucian code. However, there was nothing mysterious a…
The Need to be Rid of the Idea of General Customary Law
B.S. Chimni's study of customary international law (CIL) is a review of its role both as a supporter of the existing global capitalist order and as a potential instrument to challenge that order in favor of a postmodern deliberative reasoning as the shaper of a new CIL. It has been my view, since the The Decay of International Law? in 1986, that general customary international law is not an intelligible concept and not actually used in practice t…
Philosophy of International Law
Tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law
China and African Development
This article states the conclusions of major field research into the impact of Chinese public and private economic activity on governance in Africa. China has gone into parts of Africa and sectors of African activity where Western actors have been reluctant to venture, yet receives criticism for not reaching standards of governance which the West itself is not able to apply. The Chinese go into Africa on a basis of equality and partnership but ar…
I srael's Legal Right to Exist and the Principle of the Self‐determination of the Palestinian People
a state is a question of fact. Israel itself used this argument against the request for an advisory opinion on the status of Palestine in 1948, saying, 'The existence of a State is a question of fact and not of law. The criterion of statehood is not legitimacy but effectiveness'.2 This fact is central to an analysis of international relations from a critical perspective, because it prepares one for the compulsive, repetitive nature of the lust of…
International Law and the Spirit of Anti-Colonialism
Review article of M. Craven, The Decolonization of International Law. Oxford: Oxford University Press, 2009
Marxist International Law Theory as Hegelianism
Journal Article Marxist International Law Theory as Hegelianism Get access Between Equal Rights: A Marxist Theory of International Law. By Mieville China. Chicago: Haymarket Books, 2006. 386 pp., $18.00 (ISBN: 1-931859-33-7). Anthony Carty Anthony Carty University of Aberdeen Search for other works by this author on: Oxford Academic Google Scholar International Studies Review, Volume 10, Issue 1, March 2008, Pages 122–125, https://doi.org/10.1111…
The Moral Theologian, Oliver O'Donovan and International Law
Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international orde…
New Philosophical Foundations for International Law
The international legal order is dominated by a concern for security, whether national or individual, an explicit fear of the Other, towards whom one exists in no moral relation. This is not a recent phenomenon but goes back to the origin of modernity in a Hobbesian rejection of classical and medieval natural law. This fear is not marginal to liberalism; rather, the amorality vacuum affecting personal relations is integral to liberal contractaria…
Visions of the Past of International Society
The Iraq Invasion as a Recent United Kingdom 'Contribution to International Law
The UK (as indeed the US) gave as its formal legal ground for the invasion of Iraq reliance upon interpretations of Security Council resolutions. In other words, there was no open admission by official legal advisers that the British invasion of Iraq created a new precedent for the development of international law, in particular a doctrine of pre-emptive attack. However, an understanding of state practice as a source of customary international la…
Conservative and Progressive Visions in French International Legal Doctrine
How can one develop a progressive agenda of international law, while at the same time not sacrificing the unity and rigour which traditional formalism can appear to claim? In France formalists will not come out of a limited agenda of preservation of the integrity of the French and other classical states, while the progressives, searching for grounds of solidarity in international society, tread uncertainly in the formlessness of material demands …
Marxism and International Law
The watershed of the US-led invasion of Iraq in 2003 calls for new approaches to the theory of international law. Hardt and Negri's Empire is a focal point for the broadly postmodernist New Approaches to International Law, which celebrates an infinite variety of resistances to oppressive structures. This book is itself in need of deconstruction. Post-structuralism must give way to a framework of analysis that accepts a place for agency, and with …
Scandinavian Realism and Phenomenological Approaches to Statehood and General Custom in International Law
The concepts of general customary law and the state are crucial to the structure of the international legal order. They suppose the state is a unified entity, with a single will, which can, in co-ordination with other states, create explicit (treaty) or tacit (customary) international law. Ross adopts a social-psychological causal approach to explain how these supposedly hard positive law concepts are in fact decadent remnants of idealist, natura…
Carl Schmitt's Critique of Liberal International Legal Order Between 1933 and 1945
Carl Schmitt was an intellectual who made the discipline of international law grapple with the major issues of his time. His work as an international lawyer remains largely untranslated. It is riddled with racism and anti-Semitism. However, an interest of his work is that it reflects the ‘shadow side’ of contemporary international law, forgotten because the moral defeat of Germany in 1945 was so total. Schmitt argues for an inherent tendency to v…
A colloquium on international law textbooks in England, France and Germany
The Introduction raises at a general level the question whether and in what sense it is possible to speak of national textbook traditions in international law within Europe. As the articles which follow are the work of commentators on textbooks, the Introduction itself attempts to give a flavour of the residential colloquium in which authors of the textbooks themselves contributed effectively to the discussion of the themes of national textbook t…
Convergences and divergences in European international law traditions
This paper attempts to justify the claim that there are profound differences in the conception of the system of international law in the textbooks of various European countries. This is despite considerable cooperation among distinguished jurisconsults in the context of the European Union and the International Court of Justice. The paper undertakes an inevitably controversial account of the method of a leading French textbook on international law…
The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law
The article explores the contribution of the purity of Kelsen'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 contin…
Myths of international legal order
Theory of /or Theory instead of/ International Law
Alfred Verdross and Othmar Spann
This article is a part of a section of the European Journal concerned with the international law thought of Alfred Verdross.It deals specifically with the inter-war period leading up to the German occupation of Austria and Verdross's temporary suspension from Vienna University in the years 1938-39.Given his relations with National Socialism, the difficult question arises whether some of his writings of this time 1 represent firmly held views or w…
Social Theory and the “Vanishing” of International Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Critical International Law
Journal Article Critical International Law: Recent Trends in the Theory of International Law Get access Anthony Carty Anthony Carty Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 2, Issue 1, 1991, Pages 66–96, https://doi.org/10.1093/ejil/2.1.66 Published: 01 January 1991
Carl Schmitt's Critique of Liberal International Legal Order Between 1933 and 1945
Carl Schmitt was an intellectual who made the discipline of international law grapple with the major issues of his time. His work as an international lawyer remains largely untranslated. It is riddled with racism and anti-Semitism. However, an interest of his work is that it reflects the ‘shadow side’ of contemporary international law, forgotten because the moral defeat of Germany in 1945 was so total. Schmitt argues for an inherent tendency to v…
Critical International Law
Journal Article Critical International Law: Recent Trends in the Theory of International Law Get access Anthony Carty Anthony Carty Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 2, Issue 1, 1991, Pages 66–96, https://doi.org/10.1093/ejil/2.1.66 Published: 01 January 1991
Marxism and International Law
The watershed of the US-led invasion of Iraq in 2003 calls for new approaches to the theory of international law. Hardt and Negri's Empire is a focal point for the broadly postmodernist New Approaches to International Law, which celebrates an infinite variety of resistances to oppressive structures. This book is itself in need of deconstruction. Post-structuralism must give way to a framework of analysis that accepts a place for agency, and with …
China and African Development
This article states the conclusions of major field research into the impact of Chinese public and private economic activity on governance in Africa. China has gone into parts of Africa and sectors of African activity where Western actors have been reluctant to venture, yet receives criticism for not reaching standards of governance which the West itself is not able to apply. The Chinese go into Africa on a basis of equality and partnership but ar…
Scandinavian Realism and Phenomenological Approaches to Statehood and General Custom in International Law
The concepts of general customary law and the state are crucial to the structure of the international legal order. They suppose the state is a unified entity, with a single will, which can, in co-ordination with other states, create explicit (treaty) or tacit (customary) international law. Ross adopts a social-psychological causal approach to explain how these supposedly hard positive law concepts are in fact decadent remnants of idealist, natura…
A colloquium on international law textbooks in England, France and Germany
The Introduction raises at a general level the question whether and in what sense it is possible to speak of national textbook traditions in international law within Europe. As the articles which follow are the work of commentators on textbooks, the Introduction itself attempts to give a flavour of the residential colloquium in which authors of the textbooks themselves contributed effectively to the discussion of the themes of national textbook t…
Alfred Verdross and Othmar Spann
This article is a part of a section of the European Journal concerned with the international law thought of Alfred Verdross.It deals specifically with the inter-war period leading up to the German occupation of Austria and Verdross's temporary suspension from Vienna University in the years 1938-39.Given his relations with National Socialism, the difficult question arises whether some of his writings of this time 1 represent firmly held views or w…
L'impact de Dworkin sur la philosophie du droit anglo-américaine
L'œuvre de Dworkin a suscité de nombreuses critiques, qui tiennent à l'importance des questions qu'il soulève : le pouvoir discrétionnaire des juges, l'existence de droits individuels. A.C. évoque les arguments échangés à propos de ces questions par les principaux protagonistes : Dworkin lui-même, J. Raz, MacCormick, Sandel. Il souligne le refus par Dworkin de toute métaphysique, mais conclut qu'il lui faut préciser ce qu'est la personne humaine,…
Droit, Mentalites et Changement Social en Provence Occidentale (Une Etude sur les strategies et la pratique notariale en matiere de regime matrimonial de 1975 a 1855)
The Third World Debt Crisis
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Du post-modernisme en théorie et en sociologie de droit, ou Rousseau et Durkheim lus par Baudrillard
Anthony Carty déconstruit la notion d'universalité dans le droit telle qu'elle est exprimée par Rousseau. Il établit une dichotomie entre le général et le particulier qui confère au premier une priorité ontologique sur le second. Ces deux notions sont ensuite traduites en termes d'objectif et de subjectif. L'épistémologie moderniste suppose que la méthodologie soit l'instrument par lequel on puisse s'échapper de la subjectivité du particulier pou…
The Decay of International Law? A Reappraisal of the Limits of Legal Imagination in International Affairs
Some Post-Modern Perspectives on Law and Society
Law is a text. Or law is found in texts. The great obsession of post-modernity is that 'all is text'. There is no distinction between text and context. All is surface, a portion of the intertext.1 What can such polemics mean? More post-modern punchlines are: the texts are self-referential; they are signifiers without a signified. This language is not immediately intelligible, but it can, nonetheless, have a powerful impact as an instrument of soc…
Critical International Law
Journal Article Critical International Law: Recent Trends in the Theory of International Law Get access Anthony Carty Anthony Carty Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 2, Issue 1, 1991, Pages 66–96, https://doi.org/10.1093/ejil/2.1.66 Published: 01 January 1991
Social Theory and the “Vanishing” of International Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Alfred Verdross and Othmar Spann
This article is a part of a section of the European Journal concerned with the international law thought of Alfred Verdross.It deals specifically with the inter-war period leading up to the German occupation of Austria and Verdross's temporary suspension from Vienna University in the years 1938-39.Given his relations with National Socialism, the difficult question arises whether some of his writings of this time 1 represent firmly held views or w…
Myths of international legal order
Theory of /or Theory instead of/ International Law
The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law
The article explores the contribution of the purity of Kelsen'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 contin…
A colloquium on international law textbooks in England, France and Germany
The Introduction raises at a general level the question whether and in what sense it is possible to speak of national textbook traditions in international law within Europe. As the articles which follow are the work of commentators on textbooks, the Introduction itself attempts to give a flavour of the residential colloquium in which authors of the textbooks themselves contributed effectively to the discussion of the themes of national textbook t…
Convergences and divergences in European international law traditions
This paper attempts to justify the claim that there are profound differences in the conception of the system of international law in the textbooks of various European countries. This is despite considerable cooperation among distinguished jurisconsults in the context of the European Union and the International Court of Justice. The paper undertakes an inevitably controversial account of the method of a leading French textbook on international law…
Carl Schmitt's Critique of Liberal International Legal Order Between 1933 and 1945
Carl Schmitt was an intellectual who made the discipline of international law grapple with the major issues of his time. His work as an international lawyer remains largely untranslated. It is riddled with racism and anti-Semitism. However, an interest of his work is that it reflects the ‘shadow side’ of contemporary international law, forgotten because the moral defeat of Germany in 1945 was so total. Schmitt argues for an inherent tendency to v…
Scandinavian Realism and Phenomenological Approaches to Statehood and General Custom in International Law
The concepts of general customary law and the state are crucial to the structure of the international legal order. They suppose the state is a unified entity, with a single will, which can, in co-ordination with other states, create explicit (treaty) or tacit (customary) international law. Ross adopts a social-psychological causal approach to explain how these supposedly hard positive law concepts are in fact decadent remnants of idealist, natura…
Marxism and International Law
The watershed of the US-led invasion of Iraq in 2003 calls for new approaches to the theory of international law. Hardt and Negri's Empire is a focal point for the broadly postmodernist New Approaches to International Law, which celebrates an infinite variety of resistances to oppressive structures. This book is itself in need of deconstruction. Post-structuralism must give way to a framework of analysis that accepts a place for agency, and with …
The Iraq Invasion as a Recent United Kingdom 'Contribution to International Law
The UK (as indeed the US) gave as its formal legal ground for the invasion of Iraq reliance upon interpretations of Security Council resolutions. In other words, there was no open admission by official legal advisers that the British invasion of Iraq created a new precedent for the development of international law, in particular a doctrine of pre-emptive attack. However, an understanding of state practice as a source of customary international la…
Conservative and Progressive Visions in French International Legal Doctrine
How can one develop a progressive agenda of international law, while at the same time not sacrificing the unity and rigour which traditional formalism can appear to claim? In France formalists will not come out of a limited agenda of preservation of the integrity of the French and other classical states, while the progressives, searching for grounds of solidarity in international society, tread uncertainly in the formlessness of material demands …
New Philosophical Foundations for International Law
The international legal order is dominated by a concern for security, whether national or individual, an explicit fear of the Other, towards whom one exists in no moral relation. This is not a recent phenomenon but goes back to the origin of modernity in a Hobbesian rejection of classical and medieval natural law. This fear is not marginal to liberalism; rather, the amorality vacuum affecting personal relations is integral to liberal contractaria…
Visions of the Past of International Society
Marxist International Law Theory as Hegelianism
Journal Article Marxist International Law Theory as Hegelianism Get access Between Equal Rights: A Marxist Theory of International Law. By Mieville China. Chicago: Haymarket Books, 2006. 386 pp., $18.00 (ISBN: 1-931859-33-7). Anthony Carty Anthony Carty University of Aberdeen Search for other works by this author on: Oxford Academic Google Scholar International Studies Review, Volume 10, Issue 1, March 2008, Pages 122–125, https://doi.org/10.1111…
The Moral Theologian, Oliver O'Donovan and International Law
Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international orde…
International Law and the Spirit of Anti-Colonialism
Review article of M. Craven, The Decolonization of International Law. Oxford: Oxford University Press, 2009
I srael's Legal Right to Exist and the Principle of the Self‐determination of the Palestinian People
a state is a question of fact. Israel itself used this argument against the request for an advisory opinion on the status of Palestine in 1948, saying, 'The existence of a State is a question of fact and not of law. The criterion of statehood is not legitimacy but effectiveness'.2 This fact is central to an analysis of international relations from a critical perspective, because it prepares one for the compulsive, repetitive nature of the lust of…
Political science (28 works) · Sociology (19 works) · Law (18 works) · Law (18 works) · International law (16 works) · International Law and Human Rights (13 works) · Philosophy (11 works) · Politics (11 works) · Epistemology (8 works) · Philosophy (8 works)