Wherefore ‘Authority’? International Law and the Contest of Legal Cultures
Pauline Westerman, Kostiantyn Gorobets, Andreas Hadjigeorgiou (eds), Conceptual (De)Constructions of International Law (Cheltenham: Edward Elgar Forthcoming 2022)
3 Pages Posted: 23 Nov 2021
Date Written: October 26, 2021
This is my commentary on Kostiantyn Gorobets' paper 'Peaks and Valleys: Contemplating Authority of International Law' in the same volume, available at SSRN: https://ssrn.com/abstract=3744058. It focuses on the notion of 'authority' in the paper and queries whether the focus on this concept in Anglo-Scandinavian jurisprudential debates is warranted. In particular, I criticise the implicit idea that that tradition’s structure of analysing (international) law is now the 'standard account' against which all particular approaches need to be measured.
Keywords: authority of law, international legal scholarship, HLA Hart, Joseph Raz, theory of legal scholarship, international law
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