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The Concept of Law

The Concept of Law (3rd edn)

HLA Hart, Joseph Raz, and Penelope A. Bulloch
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date: 09 August 2022

X. International Lawlocked

X. International Lawlocked

  • H. L. A. HartH. L. A. Hartlate Professor of Jurisprudence, Principal of Brasenose College, and Fellow of University College, University of Oxford

Abstract

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers two principal sources of doubt concerning the legal character of international law and, with them, the steps which theorists have taken to meet these doubts. Both forms of doubt arise from an adverse comparison of international law with municipal law, which is taken as the clear, standard example of what law is. The first has its roots deep in the conception of law as fundamentally a matter of orders backed by threats and contrasts the character of the rules of international law with those of municipal law. The second form of doubt springs from the obscure belief that states are fundamentally incapable of being the subjects of legal obligation, and contrasts the character of the subjects of international law with those of municipal law.

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