The Neo-Positivist Concept of International Law
Northwestern University - School of Law
American Journal of International Law, Vol. 59, p. 321, 1965
Northwestern Public Law Research Paper No. 11-06
The question "Is international law really law?” has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.
Number of Pages in PDF File: 5
Keywords: Rule of Recognition, Sovereignty, Neo-Positivism, International Law, Basic norm in international law, Hart (H.L.A.)
JEL Classification: K10, K19, K30, K33Accepted Paper Series
Date posted: January 28, 2011 ; Last revised: February 3, 2011
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