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Author Jovanović, Miodrag A., author
Title The nature of international law / Miodrag A. Jovanović, University of Belgrade
Imprint Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019
book jacket
 人文社會聯圖  KZ3410 .J685 2019    AVAILABLE    30660020219171
Descript xiii, 272 pages ; 24 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Series ASIL studies in international legal theory
ASIL studies in international legal theory
Note Includes bibliographical references (pages 234-262) and index
International law as a subject matter of legal philosophy : a brief historical overview -- In search of the nature of (international) law : methodological postulates -- Typical features of (international) law -- International law as a normative order -- International law as an institutionalized and (coercively) guaranteed order -- Justice-aptness of international law -- Fragmentation : a special feature of international law? -- In lieu of a conclusion : a note on (un)certainty
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
Subject International law -- Philosophy
International law. fast (OCoLC)fst00976984
Internationales Recht gnd
Rechtsphilosophie gnd
Rechtstheorie gnd
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