Systematicity, normativity, and The Nature of International Law

DOI

10.4000/revus.6268

Abstract

This essay offers some critical remarks on Miodrag Jovanović’s ambitious attempt to deploy arguments developed within analytic legal philosophy to make sense of core features of the international legal order. First, I argue that Jovanović endorses a common but mistaken reading of H.L.A. Hart’s analysis of international law. Properly understood, Hart’s take on international law is one Jovanović shares. Second, I raise several objections to Jovanović’s depiction of (international) law’s normativity, including both his account of what makes law legitimate and his description of the role legitimate law plays in its subjects’ practical reasoning.

Document Type

Article

Publication Date

2020

Publisher Statement

Copyright © 2020, Revus.

DOI: https://doi.org/10.4000/revus.6268

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