Th is book analyses international legal positivists’ desire to emulate the success of
the empirical methods applied in the biological and physical sciences; their wish to
work with law with the certainty that natural facts started to provide as the natural
sciences method developed. On commencement of this project, the results to be
obtained from it were not immediately clear, but these evolved slowly through the
examination of many texts and historical narratives. I traced positivist lawyers’
claim about the impossibility of knowing an objective reality and of recognizing
what is objectively good and just beyond the competition between individual
interests. Positivists perceived their lack of the theoretical tools to predict and even
understand the behaviour of individuals or states, and shifted their focus towards
empiricism. Th e aim was then to provide a valid account of the world, as natural
sciences were already doing, for instance, in studies of the dynamics of atoms.
In tandem with its analytical undertaking, this book may also be regarded
as a history concerned with the politics of science. It is within this context that
I grasped the importance of the fact that legal positivists started to argue in favour
of new sources of wisdom: economics and statistics. Th e phenomenon in which
legal positivism adopts a philosophy of interests that aims to explain the world
as it is and which helps them to produce a formalist approach to law is termed
‘economic-positivism’ in this book. By studying the work of Lassa Oppenheim and,
in particular, Hans Kelsen, I have learned to understand the value of their ambitious
scientifi c and political projects. It is likely that this book, whatever its merits,
would not have been produced had I not discovered the rich sources of research
off ered by the work of these two authors.