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L’influence du positivisme sur la doctrine volontariste et objectiviste en droit international : plus qu’un facteur de rapprochement ?

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Chapter Summary

Peter Haggenmacher has always been interested in the origins of international law, subject to which he devoted much of his time and talent, as demonstrated by its magnificent and immortal thesis on Grotius. The term "positivism" used in the title of this study refers to "contemporary positivism", that is to say, almost a "postpositivisme" in that, aware of the limitations of the traditional legal positivism, it seeks to go beyond it including reconciling the voluntarism and objectivism, as does Weil, instead of opposing them. After presenting the springs of the opposition between voluntarism and objectivism and highlighting their roots of jusnaturalism, this chapter presents an analysis of their common foundation, scientific positivism, and their attachment to its two main branches, called " legalistic "and" factualist "which they proceed largely. An opening towards a non-positivist approach is suggested as a conclusion.

Keywords: positivism; international law; voluntarism; objectivism; non-positivist approach; jusnaturalism



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