نویسندگان
1 استادیار گروه حقوق بین الملل، دانشگاه پیام نور، استان البرز
2 دانشجوی دکتری حقوق بین الملل عمومی، گروه حقوق بین الملل، دانشکده حقوق، دانشگاه قم، قم(نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the contemporary world the existence of international law, its purpose and nature has been challenged by some of legal thinkers. Therefore bringing a justification to these doubts and analyzing the attitude of the philosophers of jurisprudence carries great value at this point. H. L. A. Hart is considered as a prominent contemporary legal thinker and has rendered a set of philosophical views, especially regarding the nature of international law and his approach towards this matter has been largely praised in the west. This article is base on qualitative research nature with descriptive-analytical approach methodology and tries to analyze his philosophical theory on the nature of international law. Finally, it has been concluded that as one of the results of this research we will end up at this point that Hart has played an important part in proving the existence of international law as a social structure compared to other legal positivists who often have denied the existence of such a legal system. Hart also has ascertained some features of a through legal system for international law as well and has explained some similarities between domestic law and international law as a real (existing) set.
کلیدواژهها [English]