Empirical and Doctrinal Positivism in International Law (1974–75)

Abstract

This chapter first considers the attacks levelled against nineteenth-century German historian Leopold Ranke in post-war German literature on Afro–Asian history (including the history of the law of nations). It then turns to the transformation of international law caused by the appearance or reappearance of the Afro–Asian States, arguing that doctrinal positivism must not be applied to such transformation. Positivism is by its nature empirical and should respect and follow the facts of international life without any a priori discrimination. Ranke and his followers were wrong in identifying Western history with universal history and classifying nations into those who make history and those who lack history. The pride of nations in their history must be mutually respected, the chapter states. This chapter argues that it will certainly take the sting of bitterness out of the colonial controversy, which is no more than an ordinary chapter of power politics.