Between Equal Rights: A Marxist Theory of International Law (Historical Materialism Books (Haymarket Books))

This book critically examines existing theories of international law and makes the case for an alternative Marxist approach. China Miéville draws on the pioneering jurisprudence of Evgeny Pashukanis linking law to commodity exchange, and in turn uses international law to make better sense of Pashukanis. Miéville argues that despite its advances, the recent ‘New Stream'of radical international legal scholarship, like the mainstream it opposes, fails to make sense of the legal form itself. Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Miéville seeks to address that failure, and argues that international law is fundamentally constituted by the violence of imperialism. This Book Critically Examines Existing Theories Of International Law And Makes The Case For An Alternative Marxist Approach. China Mieville Draws On The Pioneering Jurisprudence Of Evgeny Pashukanis Linking Law To Commodity Exchange, And In Turn Uses International Law To Make Better Sense Of Pashukanis. Mieville Argues That Despite Its Advances, The Recent 'new Stream' Of Radical International Legal Scholarship, Like The Mainstream It Opposes, Falls To Make Sense Of The Legal Form Itself. Drawing On Marxist Theory And A Critical History Of International Law From The Sixteenth Century To The Present Day, Mieville Seeks To Address That Failure, And Argues That International Law Is Fundamentally Constituted By The Violence Of Imperialism.--book Jacket. 1. 'the Vanishing Point Of Jurisprudence': International Law In Mainstream Theory -- 2. Dissident Theories: Critical Legal Studies And Historical Materialism -- 3. For Pashukanis: An Exposition And Defence Of The Commodity-form Theory Of Law -- 4. Coercion And The Legal Form: Politics, (international) Law And The State -- 5. States, Markets And The Sea: Issues In The History Of International Law -- 6. Imperialism, Sovereignty And International Law -- Conclusion: Against The Rule Of Law -- Appendix: Pashukanis On International Law. By C. Miéville. Originally Presented As The Author's Thesis (doctoral)--dept. Of International Relations, London School Of Economics And Political Science. Includes Bibliographical References (p. [337]-363) And Index. This book critically examines existing theories of international law and makes the case for an alternative Marxist approach. China Miéville draws on the pioneering jurisprudence of Evgeny Pashukanis linking law to commodity exchange, and in turn uses international law to make better sense of Pashukanis. Miéville argues that despite its advances, the recent 'New Stream' of radical international legal scholarship, like the mainstream it opposes, fails to make sense of the legal form itself. Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Miéville seeks to address that failure, and argues that international law is fundamentally constituted by the violence of imperialism Introduction1. 'The Vanishing Point of Jurisprudence': International Law in Mainstream Theory2. Dissident Theories: Critical Legal Studies and Historical Materialism3. For Pashukanis: An Exposition and Defence of the Commodity-Form Theory of Law4. Coercion and the Legal Form: Politics, (International) Law and the State5. States, markets and the Sea: Issues in the History of International Law6. Imperialism, Sovereingnty and International LawConclusionAppendix A: Pashukanis on International LawBibliographyIndex This book draws on Pashukanis, critical legal studies and the history of international regulation to critique existing theories of international law. It constructs an alternative Marxist approach, and argues that imperialism is intrinsic to international law Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view.