Symposium on Prosper weil, “Towards relative normativity in international law?” What is positivism today?

Abstract

This essay focuses on the understanding of positivism in Prosper Weil’s time, its trajectory since, and how that trajectory reflects changes that have occurred in global society in the intervening years. The world to which Weil spoke is neither in scientific nor in political and cultural terms the same as ours. Key positivist notions, such as neutrality or Weil’s critique of the ideal of the unity of the international community and of the invocation of higher moral values, appear to chain sound normative principles while letting loose real power. At any rate, Weil’s ideas have not survived globalization or the critical and historical turn taken in the discipline of international law. And yet “Towards Relative Normativity?” arguably owes its lasting significance to its grasp of the weight of the authority of law in international society.