Book contents
- Philosophy and International Law
- Cambridge Introductions to Philosophy and Law
- Philosophy and International Law
- Copyright page
- Dedication
- Contents
- 1 Introduction
- 2 John Austin: Enforcement and International Law
- 3 H.L.A. Hart: Social Rules, Officials, and International Law
- 4 Ronald Dworkin: Interpretivism and International Law
- 5 An International Rule of Law?
- 6 The Legitimacy of International Law
- 7 International Human Rights Law: Concepts and Grounds of Human Rights
- 8 The Law of War and Its Relationship to the Morality of War
- 9 International Criminal Law: Crimes Against Humanity and Universal Jurisdiction
- 10 International Law and Secession
- 11 International Trade Law: Free Trade, Fair Trade, and Trade in Stolen Goods
- Bibliography
- Index
3 - H.L.A. Hart: Social Rules, Officials, and International Law
Published online by Cambridge University Press: 10 October 2020
- Philosophy and International Law
- Cambridge Introductions to Philosophy and Law
- Philosophy and International Law
- Copyright page
- Dedication
- Contents
- 1 Introduction
- 2 John Austin: Enforcement and International Law
- 3 H.L.A. Hart: Social Rules, Officials, and International Law
- 4 Ronald Dworkin: Interpretivism and International Law
- 5 An International Rule of Law?
- 6 The Legitimacy of International Law
- 7 International Human Rights Law: Concepts and Grounds of Human Rights
- 8 The Law of War and Its Relationship to the Morality of War
- 9 International Criminal Law: Crimes Against Humanity and Universal Jurisdiction
- 10 International Law and Secession
- 11 International Trade Law: Free Trade, Fair Trade, and Trade in Stolen Goods
- Bibliography
- Index
Summary
This chapter investigates H.L.A. Hart’s characterization of law as the union of primary and secondary rules, and its implications for international law’s status as genuine law.While Hart is frequently identified as an international legal skeptic, that conclusion rests on a misreading of his analysis of international law or, in some cases, a misreading of his analysis of law.Hart does not deny that international law is law, only that it constitutes a legal system.Properly understood, this is a claim few of his critics will deny.
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- Information
- Philosophy and International LawA Critical Introduction, pp. 20 - 39Publisher: Cambridge University PressPrint publication year: 2020