The Neo-Positivist Concept of International Law

American Journal of International Law, Vol. 59, p. 321, 1965

Northwestern Public Law Research Paper No. 11-06

5 Pages Posted: 28 Jan 2011 Last revised: 3 Feb 2011

Date Written: 1965

Abstract

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.

Keywords: Rule of Recognition, Sovereignty, Neo-Positivism, International Law, Basic norm in international law, Hart (H.L.A.)

JEL Classification: K10, K19, K30, K33

Suggested Citation

D'Amato, Anthony, The Neo-Positivist Concept of International Law (1965). American Journal of International Law, Vol. 59, p. 321, 1965; Northwestern Public Law Research Paper No. 11-06. Available at SSRN: https://ssrn.com/abstract=1749649

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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