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From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities

FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA, Oxford: Oxford University Press, 2011

U of Michigan Public Law Working Paper No. 225

26 Pages Posted: 24 Oct 2010 Last revised: 5 Jan 2011

Steven R. Ratner

University of Michigan Law School

Date Written: June 24, 2010

Abstract

This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.

Keywords: international law, positivism, justice, cosmopolitanism, Simma

Suggested Citation

Ratner, Steven R., From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities (June 24, 2010). FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA, Oxford: Oxford University Press, 2011; U of Michigan Public Law Working Paper No. 225. Available at SSRN: https://ssrn.com/abstract=1696211

Steven R. Ratner (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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