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Full-Text Articles in Jurisprudence
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
Consent, Estoppel, And Reasonableness: Three Challenges To Universal International Law, Anthony D'Amato
Consent, Estoppel, And Reasonableness: Three Challenges To Universal International Law, Anthony D'Amato
Faculty Working Papers
Like consent and estoppel, the concept of reasonableness, while failing to provide an adequate explanation of the source of obligation in customary international law, does play an important psychological role in adding to the pressure of international norms upon states. The result is to increase the sense of legality of the rules that are accepted by states as part of "customary international law." This is not to say that each and every alleged rule of universal international law must contain one or more of the elements of consent, estoppel, or reasonableness in order for it to be "valid."
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …