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L’histoire du droit international est-elle compatible avec les théories positivistes ?

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Chapter Summary

Contemporary jurists interested in the theory of law is affected by the arguments developed by Hart, in his book The Master Concept of Law (1961) for denying international law, the legal system quality and the absence of secondary rules with primary rules. If one adheres, as positivists, including among legal historians, this pattern of Hart, international law would not be right, at least before 1961. Any history of international law before the Second World War would be disqualified scientifically, especially if one adds that attempts to account for this story have focused on the study of theorists mostly supporters of natural law. There is an apparent contradiction between positivist theories and international law history that it seems important to analyze its various aspects. The Peter Haggenmacher methodology is possible to reconcile a strict positivism with the historical study of a legal subject on what might be called an international "pre-law".

Keywords: history of international law; positivist theories; Peter Haggenmacher methodology; positivism; Hart



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