By China Miéville
Miéville severely examines present theories of overseas legislation and gives a compelling replacement Marxist view. Drawing on a severe historical past of foreign legislation from the 16th century to the current day, Miéville argues that foreign legislation is essentially constituted via the violence of imperialism.
China Miéville's brilliantly unique publication is an essential advisor for an individual keen on foreign legislation. it's the so much entire scholarly account on hand of the principal theoretical debates concerning the foundations of foreign legislations. It bargains a advisor for the lay reader into the vital texts within the field." Peter Gowan, Professor, diplomacy, London Metropolitan collage
"The so much refined Left critique of foreign legislations on hand at the present time in addition to some of the most major contributions to the speculation and background of foreign legislations i've got learn. It increases the controversy approximately law's function in a globalized global order to a very new level." Martti Koskenniemi, Director, Erik Castren Institute of overseas legislations, collage of Helsinki
"We have waited decades for a complete and innovative critique of overseas legislations. Miéville proves the wait used to be worthy it." Anthony Chase, Nova Southeastern collage legislation Centre
Read Online or Download Between Equal Rights: A Marxist Theory of International Law (Historical Materialism Book Series, Volume 6) PDF
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Additional info for Between Equal Rights: A Marxist Theory of International Law (Historical Materialism Book Series, Volume 6)
It is only valid or not, and that validity is a function of politics. This is political formalism, in which ‘the autonomy of the political sphere’ banishes law to epiphenomenality. There is a curiously double-edged attitude to legal formalism here. Morgenthau’s theory is legally formalistic inasmuch as law is seen as a body of rules, as in the classic deﬁnition, a template by which to view and judge state behaviour. But it is unformalist in its collapsing of the distinctiveness of law. 69 70 71 72 For example, Rosenberg 1994, pp.
To explain the state as partly a legal institution, rather than just one imbued with nebulous and ahistorical power (here taking a historically contingent legal form), we must have a theory of the law that does not reduce itself to state or sovereign will. To successfully theorise international law, the state, and the relation between the two, we need a jurisprudence which takes as its object international law as it exists in the international system: a theory which accepts that it is more than historical chance that international law is called ‘law’.
Not so restrictively formal as to include only legal colonies, it includes also informal empires and looser conglomerates of hegemonic states and their clients: essentially, it is a frank admission of the permeable and shifting territories represented by powerful states’ international claims and interests. 111 This is to say that the international power dynamic is necessary to understand the actual lived reality of international law. Thus law and politics are interpenetrated. 112 Here, Schmitt sees law, politics and economics as linked in complex structures, economics throwing up law that is used politically to maintain the status quo.