Cart

Unlocking potential with the best learning and research solutions

Look Inside The Nature of International Law

The Nature of International Law

$130.00 (C)

Part of ASIL Studies in International Legal Theory

Author: Miodrag A. Jovanović, University of Belgrade

Date Published: June 2019
availability: Available
format: Hardback
isbn: 9781108473330

Rate & review

$ 130.00 (C)
Hardback

Add to cart Add to wishlist

Other available formats:
eBook

Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact [email protected] providing details of the course you are teaching.

Description

Contents

Resources

Courses

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
Read more
Reviews & endorsements
'Legal philosophers have too often ignored international law as irrelevant, or because it is an embarrassment to their theories. In his innovate new book, The Nature of International Law, Miodrag Jovanović properly brings international law back to the center of jurisprudential inquiry. As important, Jovanović offers an important challenge to, and alternative to, conceptual analysis, in his prototype theory.' Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota

Customer reviews

Not yet reviewed
Be the first to review

Log in to review

Review was not posted due to profanity
×

, create a review

(If you're not , sign out)

Please enter the right captcha value

Please enter a star rating.

Your review must be a minimum of 12 words.

How do you rate this item?

Reviews must contain at least 12 words about the product.

×

Product details
- Date Published: June 2019
- format: Hardback
- isbn: 9781108473330
- length: 284 pages
- dimensions: 234 x 155 x 19 mm
- weight: 0.53kg
- availability: Available
Table of Contents
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
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.
Look Inside
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).