A new philosophy for international legal skepticism?

Abstract

Abstract Ronald Dworkin maintains that a system of coercive government is a genuinely legal one if and only if it exhibits fidelity to a conception of the rule of law as valuable for the constitutive contribution it makes to the treatment of all its individual human subjects with equal concern and respect. This requires a particular type of institutional structure, namely one that satisfies the criteria that constitute government according to the rule of law, and a particular political culture or ethos on the part of both rulers and ruled that Dworkin labels law as integrity. The existing practice of global coercive government may well satisfy neither of these conditions. If so, then given Dworkin's account of law, international law is not really law. Importantly, this is a practical claim, not a descriptive/explanatory one. Specifically, it entails that international officials are sometimes morally permitted to tell noble lies regarding what the ‘law’ is, to refuse to pronounce on questions of ‘law’, and to refrain from applying and enforcing actors' ‘legal’ rights and duties.