Law Commons^™

State Consent And The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

Like all law, international law is a practice of reason-giving, one in which agents invoke legal norms to justify their conduct. Practitioners of inter- national law generally proceed on the assumption that those norms do, in fact, justify the conduct they sanction. Theorists, in contrast, tend to take a more critical stance towards the practice of international law, including the assumption that the law succeeds in providing a justification for its subjects’ conduct. Why treat the claim that international law prohibits Φ-ing as in itself a reason not to Φ? Or using the terminology I will employ in this chapter, …