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The Nature of International Law

The Nature of International Law

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108473330
  • 出版时间 May 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency, by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature, by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

    • Provides a comprehensive analytical account of international law and discusses the most important questions of international legal practice
    • Analyses typical features of (international) law – normativity, institutionalization, (coercive) guaranteeing, and justice-aptness
    • Proposes a new methodological approach in jurisprudence – the prototype theory of law

  • Acknowledgments
    Introduction
    Part I. International Law as a Subject Matter of Legal Philosophy – A Brief Historical Overview:
    1. Early Theorizing About Law Beyond the State – Ancient Greece and Rome
    2. Natural Law Theory and the Birth of International Legal Scholarship – Grotius, Pufendorf and Hobbes
    3. The German Public Law Turn
    4. Classical Analytical Jurisprudence: The Rise of Skepticism towards International Law
    5. Twentieth Century Legal Positivism on International Law
    6. Revived Jurisprudential Interest in International Law
    Part II. In Search of the Nature of (International) Law – Methodological Postulates:
    7. Grasping “Analytical” in the Analytical Approach
    8. Challenges to the Conceptual Analysis
    9. Beyond the Conceptual Analysis? The Prototype Theory of Concepts and the Nature of Law
    Part III. Typical Features of (International) Law:
    10. The Central Case of Law (as a Genre)
    11. Typical Features of (International) Law – Preliminary Finding
    Part IV. International Law as a Normative Order:
    12. Epistemological Perspective – How Are We to Ascertain a Norm
    13. Epistemological Perspective at the International Level – On Formal Sources of International Law
    14. Perspective of Practical Rationality – How Norms Provide Reasons for Action
    15. Perspective of Practical Rationality at the International Level
    Part V. International Law as an Institutionalized and (Coercively) Guaranteed Order:
    16. Institutionalization of the International Order
    17. Institutions of International Law
    18. (Coercive) Guarantees in International Law
    Part VI. Justice-Aptness of International Law:
    19. Allocative Conflicts and International Law-Making
    20. Rectificatory Justice and International Law-Application
    Part VII. Fragmentation – A Special Feature of International Law?:
    21. Hart's Lens of “Systematicity”
    22. The ILC's Lens of “Fragmentation”
    23. The 'As If' Lens of International Law's Unity
    In Lieu of a Conclusion – A Note on (Un)Certainty.

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