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Write a 9 page essay on The International Community: A Large Municipality.As basis for the concept of law, this essay will consider the proposals made by H.L.A Hart1 as a general guide to define what
Write a 9 page essay on The International Community: A Large Municipality.
As basis for the concept of law, this essay will consider the proposals made by H.L.A Hart1 as a general guide to define what a legal system should be and seek to evaluate international law in relation to these outlines. While Hart’s work is comprehensive, and to some degree critical of statements such as Bentham’s in relation to international law, the essay will go further to arrive at a critique of international law based on Hart’s thinking and personal argument. A general conclusion will be reached regarding the nature, coherence and effectiveness of international law.
In overview, laws need to be defined as rules which people agree to be subject to, wither within their communities, or on a wider level, which they agree to within their societies or States. To have effective legal systems, the individuals within communities, societies or the States of the world must agree to abide by the laws they have recognised, and acknowledge the authority of the institutions or people who are appointed to manage those laws.
There is, in the making of laws, likely to be some overlap between moral and legal rules but, more importantly, whether there is moral justification for a law or not, there has to be widespread convention within the community or society which recognises a law. On both the level of local and international legal systems, Hart argued that there should be a rule of recognition.