Law Beyond the State: A Reply to Liam Murphy

Liam Murphy was among the first analytical legal philosophers to venture into discussions of the philosophy of international law. His contribution to the field is also one of the most illuminating. His new piece ‘Law beyond the State: Some Philosophical Questions’ is a welcome consolidation and an u...

Full description

Saved in:
Bibliographic Details
Published in:European journal of international law 2017-02, Vol.28 (1), p.233-240
Main Author: Besson, Samantha
Format: Article
Language:English
Subjects:
Humanities and Social Sciences
International law
Law
Legal system
Philosophers
Positivism
Citations: Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:Liam Murphy was among the first analytical legal philosophers to venture into discussions of the philosophy of international law. His contribution to the field is also one of the most illuminating. His new piece ‘Law beyond the State: Some Philosophical Questions’ is a welcome consolidation and an update of his views on the subject. One of Murphy’s most interesting arguments in this piece, besides his superb reconstruction of H.L.A. Hart’s views about the existence of an international legal system and the best way to understand them in relation to Hans Kelsen’s (section 2), is his discussion of the role of state consent in international law-making. It is also the one I would like to take issue with in this short reply by linking it to his considerations on legal positivism (section 1) and the ‘duty to obey global law’ (section 5).
ISSN:0938-5428
1464-3596
DOI:10.1093/ejil/chx005