The Nature of International Law

Author: Miodrag A. Jovanovic
Publisher: Cambridge University Press
ISBN: 9781108473330

Published In: May 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108461382

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Description
Contents

Details

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
Analyses typical features of (international) law – normativity, institutionalization, (coercive) guaranteeing, and justice-aptness
Proposes a new methodological approach in jurisprudence – the prototype theory of law

Acknowledgments

Introduction

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