Chapter

The Use of Force

Anthony Carty

in Philosophy of International Law

Published by Edinburgh University Press

Published in print March 2007 | ISBN: 9780748622559
Published online March 2012 | e-ISBN: 9780748652525 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748622559.003.0004
The Use of Force

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This chapter argues that the struggle for humans to find meaning has to take priority over the struggle to build institutions, making most explicit the raw spirit of Hobbes that underlies the whole attempt to construct an international legal order on the basis of the early modern classical state sovereignty. It analyses the most penetrating and systematic critique of the problem that the classical state posed for international law, which Kelsen offered after the First World War. The main lesson here is that this most rigorous thinker did not consider the positive law put in place by the UN Charter to have met his standards for overcoming the dilemmas posed by the classical state. The chapter concludes by drawing upon the work of Richard Tuck to show that the radical individualism associated with Hobbes, whom Tuck brings together with Grotius, Vattel and Kant, is integral to a predatory imperialism towards the non-European world.

Keywords: meaning; institutions; Hobbes; international legal order; classical state sovereignty; UN Charter; positive law; Richard Tuck; radical individualism; imperialism

Chapter.  13031 words. 

Subjects: Social and Political Philosophy

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