THE EFFECT OF HEBERT HART LEGAL THEORY IN PHILOSOPHICAL ANALYSIS OF INTERNATIONAL LAW

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KHOSRAVI HASSAN; ZAMANEH GHADIM NAVID

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2017 | Volume:47 | Issue:3 Page(s): 585-599

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Title

THE EFFECT OF HEBERT HART LEGAL THEORY IN PHILOSOPHICAL ANALYSIS OF INTERNATIONAL LAW

Author(s)

KHOSRAVI HASSAN | ZAMANEH GHADIM NAVID | Issue Writer Certificate

Keywords

HARTQ1

INTERNATIONAL LAW ORDERQ2

LEGAL SYSTEMQ2

LEGAL RULESQ2

ANALYTIC PHILOSOPHYQ1

Abstract

Based on a hermeneutic approach towards LEGAL RULES, Herbert HART believes that: in order to understand a LEGAL SYSTEM, we should have an introspective and conceptual analysis of LEGAL RULES, therefore he introduces a theory in which he separates primary rules from secondary rules in order to better understand a LEGAL SYSTEM. Based on HART’s point of view, considering the structure of the international community and its lack of secondary rules which actually makes it very unique, international law cannot be counted as a very well-regulated system of law. In this article with a descriptive-analytical approach, and by analyzing HART’s theories and new approaches in philosophy of law, we try to prove that international law shall also be considered as a system of law. The article concludes that HART’s theory has had a tremendous effect on understanding international law and with his theory jurists are able to study international law as a regulated set of rules.

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APA: Copy

KHOSRAVI, HASSAN, & ZAMANEH GHADIM, NAVID. (2017). THE EFFECT OF HEBERT HART LEGAL THEORY IN PHILOSOPHICAL ANALYSIS OF INTERNATIONAL LAW. PUBLIC LAW STUDIES QUARTERLY, 47(3 ), 585-599. SID. https://sid.ir/paper/251174/en

Vancouver: Copy

KHOSRAVI HASSAN, ZAMANEH GHADIM NAVID. THE EFFECT OF HEBERT HART LEGAL THEORY IN PHILOSOPHICAL ANALYSIS OF INTERNATIONAL LAW. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2017;47(3 ):585-599. Available from: https://sid.ir/paper/251174/en

IEEE: Copy

HASSAN KHOSRAVI, and NAVID ZAMANEH GHADIM, “THE EFFECT OF HEBERT HART LEGAL THEORY IN PHILOSOPHICAL ANALYSIS OF INTERNATIONAL LAW,” PUBLIC LAW STUDIES QUARTERLY, vol. 47, no. 3 , pp. 585–599, 2017, [Online]. Available: https://sid.ir/paper/251174/en

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