جستجوی مقالات مرتبط با کلیدواژه « International Law Order » در نشریات گروه « فقه و حقوق »

By a hermeneutic approach of legal rules, Herbert Hart belief that: in order to understand a legal system, we should have introspective and conceptual analysis of legal rules. Therefore he gives a separation in primary and secondary rules that helps understanding this legal system. From Hart’s view, according the structure international community and lack of secondary rules in this system international law is a unique system of law. In this article, by applying the descriptive-analytical approach, by analyzing Hart’s view and a new approach in law philosophy, we shall try to affirm that international law is a system of law. The article results shows that Hart’s theory has a strowforword effect on understanding international law and under Hart’s idea, lawyers can act in interpreting and analysis of international law in the pattern of rule.