Скачать с ютуб Positivism: Nature of International Law | Anzilotti, Triepel & Kelsen | Lex Animata | Hesham Elrafei в хорошем качестве

Positivism: Nature of International Law | Anzilotti, Triepel & Kelsen | Lex Animata | Hesham Elrafei

#law #internationallaw #education #course #storytelling #animation Positivism: The nature of international law Lex Animata by Hesham Elrafei Unlike ‘naturalism, the Positivist school is not based upon universal and moral principles, but on a structured legal system, created by sovereign countries, in light of their interests and desires. The positivist approach arose from the empirical method used by the Renaissance, and it evolved as the modern nation-state system emerged from the religious wars, following the Peace of Westphalia in 1648. Positivism rejects any extralegal factors, such as morality and politics, because it regards law as an autonomous science, capable of fixing its own problems without the assistance of outside sources. According to positivists, the law is an understandable system, and its rules come from a logical and structured process. Positivism blossomed at the end of the nineteenth century, and dominated legal theory for many years. It influenced international legal doctrine and famous advocates, like Dionisio Anzilotti, George Jellinek, Heinrich Triepel, and Hans Kelsen. Positivism promoted that the Sovereign States enjoy the right to comply with international law, according to their own legal system and free will, and that International law is created because States choose to self-control themselves, and that in case of conflict between the law and the interest of the State, the latter prevails. On the other hand, Hans Kelsen was the leading figure of legal positivism in the twentieth century. He saw the law as a ‘pure’ social science, as he illustrates the legal system as a pyramid, where the law is valid only as positive law, and that a norm becomes law only because it has been created in a particular procedure. In his theory, international law has a primary place, since all norms derive their validity from the existence of States, and that the existence of a State receives its validity from international law, which sets out the conditions for its creation. Positivism has nonetheless faced criticism, especially the ‘self-restraint theory’ and the strict sovereign will of the State. Moreover, it is hard to accept the absence of other factors, such as morality and politics, in a system that is called to govern the relations of states, within the international society.