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The Nature of International Law (Hardcover)
Loot Price: R2,739
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The Nature of International Law (Hardcover)
Series: ASIL Studies in International Legal Theory
Expected to ship within 12 - 17 working days
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Jurisprudence has up until recently largely neglected international
law as a subject of philosophizing. The Nature of International Law
tries to offset against this deficiency by providing a
comprehensive explanatory account of international law. It does so
within an analytical tradition, albeit within the one which departs
from the nowadays dominant method of the metaphysically-driven
conceptual analysis. Instead, it adopts the prototype theory of
concepts, which is directed towards determining typical features
constitutive of the nature of international law. The book's central
finding is that those features are: normativity,
institutionalization, coercive guaranteeing, and justice-aptness.
Since typical features are context sensitive, their specificities
at the international level are further elucidated. The book,
finally, challenges the often raised claim that fragmentation is
international law's unique feature by demonstrating that
international institutional actors, particularly adjudicative ones,
largely perceive themselves as officials of a unified legal order.
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