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Abstract. This chapter explains and vindicates in particular the idea that not every state is a law-state. Essential to the argument is the differentiation between law and politics. Law is institutional normative order, whereas politics is an order of power.
Then I describe five emergent aspects of law: fundamental rules of social intercourse; legal systems as organized coercion; specialized legal knowledge; a relatively fixed legal fabric; and a rule of law society. The first three emergent phenomena in combination constitute fundamental features of modern legal systems.
On this basis, it proposes disaggregating the state in four main dimensions — bureaucracy, the legal system, collective identity, and filter — to be added to its delimitation of a population and territory and its recognition as such by various actors in the international system.
May 12, 2020 · This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious.
This article makes two claims: first, that international law is a complex system that emerges from the actions and interactions of States and other international law actors in their international relations; second, (and more importantly for these purposes) that we should model State as the coupling of the complex law and politics systems under a...
Jul 8, 2010 · A decisive break with the notion of theocratic ordering was an essential precondition for the emergence of this modern idea of the state. But the discourse of public law was also required to borrow from medieval jurisprudence for the purpose of bolstering its authority.
types of responses: first, the attempted extension of domestic administrative. law to intergovernmental regulatory decisions that affect a nation; and second, the development of new mechanisms of administrative law at the global level to address decisions and rules made within the intergovernmental regimes.