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  1. Home
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  3. The Nature of International Law
  • Cited by 16
Publisher:
Cambridge University Press
Online publication date:
April 2019
Print publication year:
2019
Online ISBN:
9781108608060
DOI:
https://doi.org/10.1017/9781108608060
Subjects:
Public International Law, Law, Jurisprudence
Series:
ASIL Studies in International Legal Theory
Information

Book description

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.

Reviews

'Legal philosophers have too often ignored international law as irrelevant, or because it is an embarrassment to their theories. In his innovate new book, The Nature of International Law, Miodrag Jovanović properly brings international law back to the center of jurisprudential inquiry. As important, Jovanović offers an important challenge to, and alternative to, conceptual analysis, in his prototype theory.'

Brian H. Bix - Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota

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