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The Nature of International Law


Part of ASIL Studies in International Legal Theory

  • Date Published: April 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781108473330

£ 85.00

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About the Authors
  • Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

    • Provides a comprehensive analytical account of international law and discusses the most important questions of international legal practice
    • Analyzes typical features of (international) law - normativity, institutionalization, (coercive) guaranteeing, and justice-aptness
    • Proposes a new methodological approach in jurisprudence - the prototype theory of law
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    Product details

    • Date Published: April 2019
    • format: Hardback
    • isbn: 9781108473330
    • length: 284 pages
    • dimensions: 234 x 155 x 19 mm
    • weight: 0.53kg
    • availability: In stock
  • Table of Contents

    Part I. International Law as a Subject Matter of Legal Philosophy – A Brief Historical Overview:
    1. Early theorizing about law beyond the state – Ancient Greece and Rome
    2. Natural law theory and the birth of international legal scholarship – Grotius, Pufendorf and Hobbes
    3. The German public law turn
    4. Classical analytical jurisprudence: the rise of skepticism towards international law
    5. Twentieth century legal positivism on international law
    6. Revived jurisprudential interest in international law
    Part II. In Search of the Nature of (International) Law – Methodological Postulates:
    7. Grasping 'analytical' in the analytical approach
    8. Challenges to the conceptual analysis
    9. Beyond the conceptual analysis? The prototype theory of concepts and the nature of law
    Part III. Typical Features of (International) Law:
    10. The central case of law (as a genre)
    11. Typical features of (international) law – preliminary finding
    Part IV. International Law as a Normative Order:
    12. Epistemological perspective – how are we to ascertain a norm
    13. Epistemological perspective at the international level – on formal sources of international law
    14. Perspective of practical rationality – how norms provide reasons for action
    15. Perspective of practical rationality at the international level
    Part V. International Law as an Institutionalized and (Coercively) Guaranteed Order:
    16. Institutionalization of the international order
    17. Institutions of international law
    18. (Coercive) guarantees in international law
    Part VI. Justice-Aptness of International Law:
    19. Allocative conflicts and international law-making
    20. Rectificatory justice and international law-application
    Part VII. Fragmentation – A Special Feature of International Law?:
    21. Hart's lens of 'systematicity'
    22. The ILC's lens of 'fragmentation'
    23. The 'as if' lens of international law's unity
    In lieu of a conclusion – a note on (un)certainty.

  • Author

    Miodrag A. Jovanović, University of Belgrade
    Miodrag A. Jovanović is a Full Professor in Jurisprudence in the Faculty of Law at the University of Belgrade. His areas of interest are jurisprudence, philosophy of international law, legal theory of collective rights, political theory of multiculturalism, federalism and legal and political nature of the EU. He is a fellow of the Alexander von Humboldt Foundation and the 2016 Brandon Fellow of the Lauterpacht Centre for International Law, University of Cambridge. He has previously published Collective Rights: A Legal Theory (Cambridge, 2012).

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