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Department

Law Department

Abstract

A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.

Publication Date

2021

Document Type

Book Chapter

Book Title

Research Methods in International Law

Editors

R. Deplano and N. Tsagourias

ISBN

978 1 78897 235 2

Publisher

Edward Elgar

City

London

First Page

112

Last Page

131

Keywords

International Law, Legal Theory, Methodology, Radical Indeterminacy, Justice, International Community

Disciplines

International Law | Jurisprudence | Law and Philosophy | Rule of Law

Microwaving Dreams? Why There is No Point in Reheating the Hart-Dworkin Debate for International Law

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