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Full-Text Articles in Legal History
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Conceptual Jurisprudence Of The German Constitution, William Ewald
The Conceptual Jurisprudence Of The German Constitution, William Ewald
All Faculty Scholarship
No abstract provided.
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
All Faculty Scholarship
No abstract provided.
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
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 …
The Neo-Positivist Concept Of International Law, Anthony D'Amato
The Neo-Positivist Concept Of International Law, Anthony D'Amato
Faculty Working Papers
The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.