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9781931859332

Between Equal Rights

by
  • ISBN13:

    9781931859332

  • ISBN10:

    1931859337

  • Format: Paperback
  • Copyright: 2006-07-30
  • Publisher: Haymarket Books

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Summary

Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Mieville examines international legal norms and shows that they have always been complicit with the violence of empires. Book jacket.

Table of Contents

Introduction 1(1)
`International law has become important'
1(3)
Materialism and dialectics
4(1)
The structure of the book
5(4)
`The Vanishing Point of Jurisprudence': International Law in Mainstream Theory
9(36)
Beyond definition
9(7)
Classic writers and debates
16(29)
Disentangling denial
16(2)
The will of the sovereign: Austin
18(1)
The triumph of politics: Morgenthau
19(6)
A third way? Carl Schmitt
25(7)
Monism, dualism, positivism, naturalism
32(2)
The high point of formalism: Kelsen
34(3)
From rules to process: McDougal-Lasswell
37(8)
Dissident Theories: Critical Legal Studies and Historical Materialism
45(30)
Beyond pragmatism
45(3)
Koskenniemi and the contradictions of liberalism
48(12)
Marxism and international law
60(15)
The inadequacies of Soviet theory
60(4)
Radicalism with rules: B.S. Chimni
64(11)
For Pashukanis: An Exposition and Defence of the Commodity-Form Theory of Law
75(42)
The rise and fall of Pashukanis
75(2)
The General Theory of Law and Marxism
77(24)
Marxist method and the failure of alternative theories
79(1)
Law as ideology
80(2)
Law as iniquitous content
82(2)
From the commodity form to the legal form
84(12)
A note on history and logic
96(1)
The withering away of law
97(4)
Critiques and reconstructions
101(12)
The relevance for international legal scholarship
113(4)
Coercion and the Legal Form: Politics, (International) Law and the State
117(36)
The problem of politics
117(5)
Pashukanis and state-derivation theory
122(6)
(International) Law and the contingency of the state
128(5)
(International) Law, politics and violence
133(10)
Form, content, economics and politics in international law
137(4)
The unlikely marriage of Pashukanis and McDougal
141(2)
Problems
143(7)
The violence of the legal form
150(3)
States, Markets and the Sea: Issues in the History of International Law
153(72)
The invisibility of history
153(3)
Origins and prehistory: an eternity of international law?
156(13)
Pre-colonial theory: the non-Western birth of international law?
165(4)
Colonialism and international law: the birth of a new order
169(15)
Amity lines: colonialism beyond law's boundaries
179(5)
The development of sovereignty: from politics to abstraction
184(13)
Absolute ownership and Roman law
195(2)
From maritime law to international law
197(28)
Early codes: the mercantile maritime roots of international law
197(4)
Lineages of the mercantilist state
201(3)
The Navigation Acts
204(2)
The East India Companies
206(2)
The freedom of the seas: a dissident interpretation
208(6)
Excursus: mercantilism and the transition to capitalism
214(10)
Categories and dialectics
224(1)
Imperialism, Sovereignty and International Law
225(70)
The nature of the relation
225(5)
Specificity versus breadth
226(4)
The crisis of mercantile colonialism
230(10)
The imperialism of recognition
235(5)
Ad-hoc legality in the nineteenth century
240(10)
Positivism and its sources
241(2)
`Civilisation': a counterintuitive materialist analysis
243(5)
Into Africa
248(2)
The Berlin Conference and the `scramble for Africa'
250(10)
Mandates, colonies and sovereignty: tendencies and countertendencies
256(4)
The empire of sovereignty
260(11)
The international law of freedom?
268(3)
New world order
271(10)
Excursus: the Gulf War
272(3)
The limits of legalistic opposition
275(6)
The universality of legalism
281(8)
Politics and the end of the rule
282(4)
Force and law
286(3)
Serving two masters: the imperialism of international law
289(6)
Conclusion: Against the Rule of Law
295(26)
Ideas, ideology and contestation
295(9)
The rule of law's new advocates
304(10)
From war to policing?
308(6)
Against the rule of law
314(4)
The future of the theory
318(3)
Appendix: Pashukanis on International Law 321(16)
Bibliography 337(28)
Index 365

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