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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.
Research Methods in International Law
R. Deplano and N. Tsagourias
978 1 78897 235 2
International Law, Legal Theory, Methodology, Radical Indeterminacy, Justice, International Community
International Law | Jurisprudence | Law and Philosophy | Rule of Law
(2021).Microwaving Dreams? Why There is No Point in Reheating the Hart-Dworkin Debate for International Law. Edward Elgar. , 112-131
Beckett, Jason A.
Microwaving Dreams? Why There is No Point in Reheating the Hart-Dworkin Debate for International Law. Edward Elgar, 2021.pp. 112-131