ABSTRACT
The three trouble spots concern the interpretation of international law, the manner of coping with indeterminateness in the law, and formalism. They thus sample an area of the law, a pervasive problem throughout the law, and a specific emphasis in juristic theory. The status of international law offers a problem for the theory since there is no sovereign to do the coercing or generate basic authority. Acquiescence rides on a tenuous balance of forces: custom, agreement, hope of gain, and fear of attack. Law as a system of rules can stand some indeterminateness, but it depends on the character and extent of that phenomenon. Legal positivism keeps it in check by acknowledging a place for judicial discretion. Sometimes discretion is interpreted as a legal resort to cover gaps in the law; then it is a case of rule vs. discretion, and a legal system can tolerate a moderate amount of such indeterminateness.
