하트의 법이론과 국제법의 법적 성질

• 영문명: Hart’s Legal Theory and the Legality of International Law
• 발행기관: 국제법평론회
• 저자명: 정경수(Jung Kyung Soo)
• 간행물 정보: 『국제법평론』제48호, 1~30쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.10.30

영문 초록

In international jurisprudence, there is a growing interest in the legality of international law. This article begins with a discussion of the legality of international law from the Hart s concept of law and outlines some arguments of the legality of international law and draws out modern implications. Hart argued that international law is like a primitive legal system because it does not have the secondary rules, in particular rules of recognition. In this regard, there are three major theoretical approaches. The first approach is to accept Hart’s concept of law and apply his concept to today’s evolved international law to grasp the international law. The second is that the new concept of law is derived from the national order as Hart, but it is different from the Hart’s concept. The third is to exclude the concept of law derived from national orders and to formulate an alternative concept of law based on international orders. Each approach will contribute to elucidating the nature and legality of international law through legal debates and elaborations. In particular, the process of them should be taken into consideration and reflected the horizontal and non–hierarchical factors of international orders, away from the straightforward application of concepts of law derived from national orders.

목차

Ⅰ. 서론

Ⅱ. 하트의 법개념과 국제법관

Ⅲ. 하트의 법개념 수용과 접근

Ⅳ. 대안적 법개념의 국제법적 모색

Ⅴ. 결론

Abstract

키워드

하트 국제법철학 법개념 이차규칙 승인규칙 드워킨 골딩 갇립 월드런 Hart Philosophy of International Law Legality Concept of Law Secondary Rule Rule of Recognition Golding Gottlieb Dworkin