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

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journal contribution
posted on 2005-01-01, 00:00 authored by John MorssJohn Morss
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.

History

Journal

Deakin law review

Volume

10

Issue

2

Pagination

698 - 707

Publisher

Deakin University

Location

Burwood, Vic.

ISSN

1321-3660

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, Deakin University

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