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3 - H.L.A. Hart: Social Rules, Officials, and International Law

Published online by Cambridge University Press:  10 October 2020

David Lefkowitz
David Lefkowitz
Affiliation:
University of Richmond
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Summary

This chapter investigates H.L.A. Hart’s characterization of law as the union of primary and secondary rules, and its implications for international law’s status as genuine law.While Hart is frequently identified as an international legal skeptic, that conclusion rests on a misreading of his analysis of international law or, in some cases, a misreading of his analysis of law.Hart does not deny that international law is law, only that it constitutes a legal system.Properly understood, this is a claim few of his critics will deny.

Keywords

Hartinternational legal skepticismsocial ruleslegal positivismofficialsprimary rulessecondary rulesrule of recognitionlegal systemWaldron
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Philosophy and International Law
A Critical Introduction
 , pp. 20 - 39
Publisher: Cambridge University Press
Print publication year: 2020

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