International Law in the Post-War World
In: Proceedings of the annual meeting / American Society of International Law, Volume 36, p. 46-51
ISSN: 2169-1118
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In: Proceedings of the annual meeting / American Society of International Law, Volume 36, p. 46-51
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 34, p. 100-104
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 33, p. 104-118
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 32, p. 23-33
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 26, p. 207-230
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 23, p. 210-239
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 19, p. 1-14
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Volume 17, p. 61-70
ISSN: 2169-1118
In: Studies in international and comparative criminal law 5
In: American political science review, Volume 30, Issue 4, p. 736-741
ISSN: 1537-5943
Among legal philosophers, the time-honored dispute between natural-law schools and legal positivists arouses ever new interest. On the side of the positivists, the "pure theory of law" gains more and more ground. This theory is mainly represented by Professor Hans Kelsen, formerly of Vienna, now of Geneva, and by Professor Alfred von Verdross, of Vienna. In America, systematic consideration was first devoted to it by Dr. Johannes Mattern, who analyzed Verdross's thinking; later, Dr. Josef L. Kunz, one of the foremost followers of Kelsen, took up the discussion, emphasizing the importance of the theory for a scientific basis of international law; and quite recently an article by Dr. Henry Janzen dealt with legal monism as the basis of the "pure theory of law."
In: In Diana Ayton-Shenker (ed.), The New Global Agenda, Lahnham: Rowman & Littlefield (2018). Chapter 2 (25-42).
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In: Transnational Environmental Law, Volume 1, p. 31-41
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Working paper
In: American journal of international law: AJIL, Volume 85, Issue 4, p. 613-645
ISSN: 2161-7953
The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.
In: University of Cambridge Faculty of Law Research Paper No. 18/2019
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In: American journal of international law: AJIL, Volume 40, Issue 2, p. 398-406
ISSN: 2161-7953