Sources of doubt, sources of duty: HLA Hart on international law

Morss, John 2005, Sources of doubt, sources of duty: HLA Hart on international law, Deakin law review, vol. 10, no. 2, pp. 698-707.

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Title Sources of doubt, sources of duty: HLA Hart on international law
Author(s) Morss, John
Journal name Deakin law review
Volume number 10
Issue number 2
Start page 698
End page 707
Publisher Deakin University
Place of publication Burwood, Vic.
Publication date 2005
ISSN 1321-3660
Summary In many ways HLA Hart’s critical analysis of the concept of law, with its repudiation of simple command theories of legal obligation, is at the same time a critique of the notion of state sovereignty. It is therefore an adumbration, if no more, of a radical reconceptualisation of international law, one which redefines the distinction between municipal and in-ternational jurisdiction. This paper is an exploration of what Hart could or ‘should’ have said about international law, based as much as possible on what he did say about international law and law in general. After some introductory comments it outlines Hart’s general analysis of law, with particular reference to the relevance for our understanding of international law.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2005, Deakin University
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Document type: Journal Article
Collections: School of Law
Higher Education Research Group
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