학술논문
Modern Racial Ideology as Naturalizing Juridical Science
Document Type
Chapter
Author
Desautels-Stein, Justin, author
Source
The Right to Exclude : A Critical Race Approach to Sovereignty, Borders, and International Law, 2023.
Subject
Language
English
Abstract
Chapter 4 introduces the first element of international law’s modern racial ideology, “legal functionalism.” The discussion begins with the critique of German legal science in the work of Rudolph von Jhering, and then moves into the work of the French jurist, Francois Geny. The chapter then examines the rise of functionalism in international legal thought, and how functionalism helped birth a modern racial ideology through the elaboration of a new logic of inclusion.