PHIL 2050 Lecture Notes - Lecture 41: Legal Realism, Natural Justice, Martti Koskenniemi
Document Summary
3 features: (1) a matter of politics is a matter of furthering subjective desires (c394, (2) political issues are characterized by deep disagreement and conflict about values (including natural justice, (3) actions, decisions, policies, etc. , are often presented with misleading descriptions. The rule of law: concreteness and normativity (1) concreteness: to avoid enduring disagreement about vague principles of natural justice, international law must be based on rules which are determinate and actually practiced: the test: see how states, the primary actors in international law, actually behave (2) normativity: to be free from politics, law must also distance itself from the actual behavior of states, and apply regardless of states" actual preferences, the test: law must make a practical difference and alter or at least oppose the behavior of states when necessary (recall hart: where there is law, conduct is in some sense non optional)
