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What 'Counts' as Law?

LAW-MAKING IN THE GLOBAL COMMUNITY, Nicholas G. Onuf, ed., 1982

Northwestern Public Law Research Paper No. 11-02

30 Pages Posted: 19 Jan 2011  

Date Written: January 18, 2011

Abstract

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally accepted standards for that kind of objective validation.

Keywords: International Law, Jurisprudence, Naturalism, Positivism

JEL Classification: K33, K40, K10

Suggested Citation

D'Amato, Anthony, What 'Counts' as Law? (January 18, 2011). LAW-MAKING IN THE GLOBAL COMMUNITY, Nicholas G. Onuf, ed., 1982; Northwestern Public Law Research Paper No. 11-02. Available at SSRN: https://ssrn.com/abstract=1743148

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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