David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In this paper I will argue that, international criminal law constitutes a valid legal system. There is skepticism over the authority of international law; some claim that it is not a genuine legal system, and does not command legal obligation. I will adopt a particular legal positivist position, known as moral attitude positivism, and apply this to an analysis of international criminal law. I will argue that the criteria necessary for a legal system on the positivist account are present in the international system of criminal law. Specifically, I will argue that a ‘rule of recognition’ can be drawn from a variation of the legal norm pacta sunt servanda, and this serves to validate the system as a whole. I conclude that the skeptic is wrong, and that international criminal law should be regarded as a valid legal system, commanding genuine legal authority.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Added to index2010-07-22
Total downloads13 ( #141,383 of 1,692,519 )
Recent downloads (6 months)1 ( #181,267 of 1,692,519 )
How can I increase my downloads?