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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, 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, Mieville seeks to address that failure, and argues that international law is fundamentally constituted by the violence of imperialism."
- Sales Rank: #8735354 in Books
- Published on: 2004-12-03
- Original language: English
- Number of items: 1
- Dimensions: 9.62" h x 1.16" w x 7.62" l, 1.81 pounds
- Binding: Hardcover
- 375 pages
Review
"'China Miiville has produced an elegant and highly welcome critique of modern international law. His sharp but undogmatic use of Marxist analysis strikes effectively at the implausibility and ideological nature of many of the assumptions that support the application of the rule of law between States. His narrative of the consolidation of international law as part of the capitalist States-system provides a much-needed corrective to standard 'idealist' or 'realist' histories in the field and his stress on international law's intrinsic imperialism will challenge the profession for years to come. 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. It raises the debate about law's role in a globalised world order to a completely new level.'
Martti Koskenniemi, Director of the Erik Castrin Institute of International Law and Human Rights, University of Helsinki."'China Miiville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field and it mounts a formidable challenge to experts to address fundamental theoretical issues about the subject which are too often simply ignored. Miiville's own search for a positive theory of international law takes him into the debates among Soviet legal scholars in the 1920s and in particular to the writings of EvgenyPashukanis whose seminal works on capitalism and law have been available in English since the 1920s but whose significance for a theory of international law is brought out by Miiville for the first time. Miiville's insistence that any adequate account of the foundations of contemporary international law must explore its inner connection with the sociology of capitalism is both a novelty in the field and surely the right starting point for a new, much needed debate about this important subject.'
Peter Gowan, Professor of International Relations, London Metropolitan University.
"'China Miiville's new book is unique. At one level, it provides a rigorous introduction to left wing perspectives on the relationship between law and politics, a topic of enduring interest inside and outside the academy. At another level, however, it tells the story of international law and its intellectual development from a Marxist point of view. 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. We have waited a long time for a comprehensive and progressive critique of international law. Miiville proves the wait was worth it.'
Anthony Chase, Professor of Law, Nova Southeastern University Law Center
"China Mieville has produced an elegant and highly welcome critique of modern international law. His sharp but undogmatic use of Marxist analysis strikes effectively at the implausibility and ideological nature of many of the assumptions that support the application of the rule of law between States. His narrative of the consolidation of international law as part of the capitalist States-system provides a much-needed corrective to standard idealist or realist histories in the field and his stress on international law s intrinsic imperialism will challenge the profession for years to come. 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. It raises the debate about law s role in a globalised world order to a completely new level." Martti Koskenniemi, Director of the Erik Castren Institute of International Law and Human Rights, University of Helsinki. "China Mieville s brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field and it mounts a formidable challenge to experts to address fundamental theoretical issues about the subject which are too often simply ignored. Mieville s own search for a positive theory of international law takes him into the debates among Soviet legal scholars in the 1920s and in particular to the writings of Evgeny Pashukanis whose seminal works on capitalism and law have been available in English since the 1920s but whose significance for a theory of international law is brought out by Mieville for the first time. Mieville s insistence that any adequate account of the foundations of contemporary international law must explore its inner connection with the sociology of capitalism is both a novelty in the field and surely the right starting point for a new, much needed debate about this important subject." Peter Gowan, Professor of International Relations, London Metropolitan University. "China Mieville's new book is unique. At one level, it provides a rigorous introduction to left wing perspectives on the relationship between law and politics, a topic of enduring interest inside and outside the academy. At another level, however, it tells the story of international law and its intellectual development from a Marxist point of view. 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. We have waited a long time for a comprehensive and progressive critique of international law. Mieville proves the wait was worth it." Anthony Chase, Professor of Law, Nova Southeastern University Law Center"
About the Author
China Mieville, Ph.D. (2001) in International Relations, London School of Economics, is an independent researcher and an award-winning novelist. He is a member of the editorial board of Historical Materialism."
Most helpful customer reviews
19 of 20 people found the following review helpful.
Challenging, comprehensive, and essential
By P. Binh
A challenging read, but essential for understanding international law and its relationship to imperialism, both theoretically and historically. He makes an original and convincing argument that the legal form itself, the law, is directly and fundamentally implied by the existence of commodities. Not only that, but he argues that the ownership of commodities, in the final analysis, is based on the ability to use force to control that commodity, and that violence is fundamental to the legal form, both within and between states.
Armed with this Marxist approach, he is able to explain why international law is law, despite the lack of an armed authority above the world's states to enforce it, which is a big theoretical dilemma that (bourgeois) political science majors and specialists in the field of International Relations (IR) have fruitlessly wrestled with for decades. He also explains why international law persists and why states continue to use it, despite the fact that it is routinely ignored by the dominant powers (the U.S., Israel, Russia, China, etc).
The book closes with the historical development of international law and shows how it is connected with the creation of the world market beginning in the late 1400s and the rise of capitalism as the planet's dominant economic system which completely altered political structures, morals, and ideological norms as it subordinated everything to its logic.
I plan on reading "Law and the Rise of Capitalism" by Madeleine Levy and Michael Tigar soon to help me understand this book.
11 of 13 people found the following review helpful.
A sharp and deftly presented leftist critique of international law
By Midwest Book Review
Between Equal Rights: 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. Decrying the complicity of legal norms with the violence inflicted by empires and colonization, Between Equal Rights weighs Marxism against mercantile colonialism, sovereignty, the fine line between imposing imperial will and "police actions", and much more. A philosophical discussion intended for intermediate to advanced students of political, legal, and social theory, Between Equal Rights offers a fierce dissection of the weaknesses, cruelties and blind spots of the status quo, and is highly recommended and relevant reading for students of contemporary International Studies with respect to the issues of international law and the current "war on terrorism" being waged by the United States government and its allies.
25 of 33 people found the following review helpful.
A difficult academic book on law and Marxism
By D. J. J. Bendien
Science fiction writer China Mieville's Marxist Phd thesis "Between Equal Rights" is among the more challenging books you're likely to read. His meandering and discursive though erudite analysis refers to and comments on an enormous smorgasbord of authors (there are some 26 pages of bibliography), but regrettably often without clear and systematic exposition of their theoretical positions - thus, to evaluate what is being said often requires good knowledge of the background literature being reviewed. The general reader might therefore quickly feel at a loss, if not put off altogether by abstract Marxist terminology. There are also not a few rhetorical assertions and metaphorical allusions. While one could agree that international law is often a formality flouted in practice or a justifying ideology, I for one am not persuaded by his argument - not just because I think the defended theory of the Russian Marxist Pashukanis (that a legal order is a reflection of commodity exchange) is flawed, but because a profound anthropological-historical perspective on law that one might expect from a Marxist is lacking, and because there is no profound discussion of the role of ethics in society. I therefore often find his claims more question-begging than anything else. The interested reader would be well-advised to read - if he has not already done so - Pashukanis's treatise on "law an Marxism" before attempting to wrestle with this book.
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