And these rights are, in theory, enforceable by any individual acting through the courts. For the sake of convenience i will speak of cases and doctrine as. Even many individuals might not like checking out publications. We shall now turn to what marx and engels have said about equality before law and equal rights. Marxist international legal theory cannot be understood simply as an internal. This book draws on pashukanis, critical legal studies and the history of international regulation to critique existing theories of international law. The role of politics, ideology, and history in the reconstruction of marxist legal theory are then considered with special attention to the virtues and limits of imbrication. Pashukanis to develop a commodityform theory of international law. A marxist theory of international law by china mieville, 9781931859332, available at book depository with free delivery worldwide. A marxist theory of international law brill 2005 54. Everyday low prices and free delivery on eligible orders. It constructs an alternative marxist approach, and argues that imperialism is intrinsic to international law. A marxist theory of international law, by china mieville. A marxist theory of international law historical materialism series at.
The theory serves as a valuable and instructive counterpoint to influential currents in international legal scholarship. A marxist theory of international law brill, historical materialism book. Between equal rights a marxist theory of international law. In marx s classless society there will be no individual rights which will limit the freedom of others. The spread and development of international law occurred on the basis of the spread and development of the capitalist mode of production. Marxist materialist theories relegate law to the ideological social superstructure and present law as an epiphenomenal and derivative tool harnessed for unequal, oppressive and ideological purposes. Pdf marxist approaches to international law robert knox. China mievilles brilliantly original book is an indispensable. The marxist theory of law and the construction of socialism. It is not for nothing, after all, that after publishing between equal rights mieville has more or less stopped writing about international law. The theory of socialproperty relations, or political marxism, has argued that in contradistinction with precapitalist forms of exploitation, capitalism is characterised by the separation of the economic and the political, which makes surplus appropriation under this system uniquely driven by economic coercion. The candidates can usefully be ranked by their apparent relative concreteness. How can marxist international law theory position itself visavis other critical legal traditions.
Marxism, international law, and political strategy leiden. It is presumably because the sources of production will be socialised and economic relations will be on cooperative basis. At another level, however, it tells the story of international law and its intellectual development from a marxist point of view. Thus in the history of capitalist production the standardization of the working day takes the form of a struggle over the bounds of the working day a fight between the universal capitalist, i. Indeed, marxist theory overlaps with much of the current work within critical theories of law, such as radical feminism and. Essays consider the relationship between marxism and critical approaches to international law, the legacy of soviet international legal theory, the bearing of marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such marxist concepts as the commodity, praxis and exploitation. In marxist concept of rights there is no place of universal theory of rights. A marxist theory of international law historical materialism at. Pdf china mieville and international law researchgate.
It raises the debate about laws role in a globalised world order to a completely new level. This is reflected in an upsurge in scholarship dealing with international laws relationship to imperial power and its progressive potential. Marxism and international law a contemporary analysis b s chimni changes in international law over the past two decades have made it an instrument for safeguarding transnational capital. Decrying the complicity of legal norms with the violence inflicted by empires and colonization, between equal rights weighs marxism against mercantile. In this particular essay pashukanis seems successfully to have accommodated himself to the fact that the legal.
May 04, 2017 the position occupied by law in capitalist society is contested by different strands of jurisprudential thought. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. Mieville critically examines existing theories of international law and offers a compelling alternative marxist view. A marxist theory of international law, was published in the uk in 2005 by brill in their historical materialism series, and in the united states in 2006 by haymarket books.
Marxism and the rule of law michael mandel osgoode hall law school of york university. This monograph critically examines existing theories of international law and argues for an alternative marxist approach. Marxism, international law, and political strategy. A marxist theory of international law china mieville china mieville’s brilliantly original book is an indispensable guide for anyone concerned with international law. The dissertation research was conducted under fred halliday, a left. The riddle of all constitutions offers a remarkably effective illustration of the classical marxist project of ideology critique as applied in a traditional international law context. Ernest mandel 192395 was the most influential exponent of marxist economic theory in the western world during the second half of the 20th century, and is best known for his masterful twovolume work marxist economic theory 1962 and his brilliant late capitalism 1972. Between equal rights china mieville haymarket books po box 180165, chicago, il 60618.
Mieville has said he plans to write a novel in every genre. But the marxist theory of revolution is logically grounded in the analysis of capitalism invented by marx and developed by pashukanis and mieville, among so many others. A marxist theory of international law by china mieville is a sharp and deftly presented leftist critique of international law from the sixteenth century to the present day. In liberal theory of rights large amount of space has been devoted to the utility of equality before law. A marxist theory of international law by china mieville. International judicial activism and the commodityform theory. View enhanced pdf access article on wiley online library html view download pdf for offline viewing. It raises the debate about law s role in a globalised world order to a completely new level. A marxist theory of international law brill leiden 2005. Historical materialism book series, issn 15701522 originally presented as the authors thesis doctoral dept. Further references to this text will be given parenthetically by page number. A marxist theory of international law historical materialism mieville, china on. Pdf changes in international law over the past two decades have made it an instrument for safeguarding transnational capital. At the heart of the theories in this chapter is social stratification by class and power, and they are the most politicized of all criminological theories.
We have waited a long time for a comprehensive and progressive critique of international law. This book critically examines existing theories of international law and makes the case for an alternative marxist approach. This is reflected in an upsurge in scholarship dealing with international law s relationship to imperial power and its progressive potential. International law today creates and congeals inequities in the international system. Human rights and the mediatization of international law. International judicial activism and the commodity form theory of.
A general theory, and the 1922 treaty of rapallo between soviet russia and germany article in journal of the history of international law 192 january. China mievilles brilliantly original book is an indispensable guide for anyone concerned with international law. A marxist theory of international law historical materialism books haymarket books first edition by china mieville isbn. Between equal rights, like the three volumes of marxs capital that form its main theoretical infrastructure, does not, in fact, deal in any very explicit way with revolution. Between equal rights a marxist theory of international. Pashukanis essay the marxist theory of law and the construction of socialism appeared in the subsequent issue, and was directed as a reply both to stuchka and to the swelling criticism of his own followers in the communist academy. There has also been an increase in the number of marxist accounts of international law, with china mievilles between equal rights being particularly important. First, a marxist approach to international law is inextri cably related to its theory of international relations whose essence is in the final analysis determined by the mannerin which states are internally organised.
It is as the latter that between equal rights represents a real oasis in the desert for those of us teaching the law of nations, international relations, or diplomatic history. China mieville draws on the pioneering jurisprudence of evgeny pashukanis. A marxist theory of international law has its origin as china mievilles doctoral dissertation in international relations. All about worldview karl marx views the notion of marxist law from the following perspective, law, morality, religion, are to the proletariat so many bourgeois prejudices, behind which lurk in ambush. Mieville revisits the work of 1920s russian jurist e.
A marxist theory of international law historical materialism books haymarket books, by china mieville actually, book is actually a home window to the world. Library of congress cataloginginpublication data miville, china between equal rights. Respectful of the marxist classics, between equal rights is the most sophisticated left critique of international law available today as well as one of the most significant contributions to the theory and history of international law i have read. Colonialism and domination matthew craven 1 see generally, a anghie imperialism, sovereignty and the making of international law c u p c a m bridge 2004. Marxist law introduction karl marx views the notion of marxist law from the following perspective, law, morality, religion, are to the proletariat so many bourgeois prejudices, behind which lurk in ambush just as many bourgeois interests. All citizens, in liberal democratic countries, are equally treated. Armed with this marxist approach, he is able to explain why international law is law, despite the lack of an armed authority above the worlds states to enforce it, which is a big theoretical dilemma that bourgeois political science majors and specialists in the field of international relations. Marxist law marxist legal theory is grounded in a denial of the existence of god and a belief that we and our social systems are evolving. We may thus ask ourselves whether marxs strong and coherent refusal to accept a theory of social justice necessarily implies the refusal of a theory of rights, in particular human rights. Mieville critically examines existing theories of international law and offers a. A marxist theory of international law historical materialism new ed by mieville, china isbn. A marxist theory of international law, china mieville revisits the work of 1920s russian jurist e.
Between equal rights a marxist theory of international law brill. China mieville, phd, international relations, london school of. A marxist theory of international law by china mieville, legal studies, 27 2. Pashukanis to develop a marxist theory of law along the lines of marxs treat. China mieville between equal rights a marxist theory of. The dissertation research was conducted under fred halliday, a leftwing intellectual who has spanned the bridge between straight academic work and intelligent public debate. Peter gowan, professor, international relations, london metropolitan university.
It offers a guide for the lay reader into the central texts in the field. A contemporary analysis article pdf available in economic and political weekly 346 february 1999 with 795 reads how we measure reads. The result is that today the law and the constitution are seen by lawyers and politicians as guarantors of the independence and neutrality of the state, supposedly in contrast to feudal england or ancient athens. But it appears that marxism is still very much alive, and that it has deeply influenced a direct line of contemporary legal thinkers, who have adopted some of its ideas or picked up some aspects of this radical theory. A marxist theory of international law historical materialism books haymarket books, by china mieville. A marxist theory of international law china mieville the german revolution 19171923 pierre broue about the series more than ten years after the collapse of the berlin wall and the disappearance of marxism as a supposed state ideology, a need for a serious and longterm marxist book publishing program has risen. Pashukanis insights to the study of international lawbetween equal rights. China mieville between equal rights a marxist theory of international law 2005 free ebook download as pdf file. Enlightenment, understood in the widest sense as the advance of thought, has always aimed at liberating. A marxist theory of international law leiden and boston.
966 749 168 955 1035 350 1320 468 494 1387 244 363 420 1436 1059 535 1169 798 589 964 1439 777 572 106 380 786 279 157 980 1088 1025 1390 429 581 716 523 841 264