The Process of International Legal Reproduction

Parfitt, Rose

doi:10.1017/9781108655118

Cited by 59 publications

(6 citation statements)

References 202 publications

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“…Employing a 'shadow box' technique, Parfitt arranges different aspects and perspectives of her account at different levels of scale and depth as a means of highlighting the complexities that inform an overarching theory of the materiality of international law. 44 As such, broad world-historical accounts coexist alongside detailed microhistories from varied vantage points. Similarly, though less extensively, my account employs a visitation of themes and issues in differing measures while nevertheless building an overarching narrative of the non-reception of Vladimiri.…”

Section: A Century Before Vitoriamentioning

confidence: 99%

In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law

Loefflad

2023

Leiden Journal of International Law

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While many international lawyers are familiar with Francisco de Vitoria (1483–1546), very few have even heard of Paulus Vladimiri (1370–1435) – a Polish priest and jurist who made striking similar arguments to Vitoria on legal universality and the rights of non-Christians a full century before Vitoria. This divergence of consciousness, I argue, provides a unique opportunity to explore questions of canon, reception, and the role of ‘founding fathers’ within international legal thought. Centring Vladimiri as an ‘Eastern European’ figure, I argue that his non-reception is largely the result of how Eastern Europe implicitly functions as a distinctly liminal space within international legal thought that makes any possible ‘founding father’ from this region immensely difficult to imagine. I examine this dynamic through the differing postwar efforts of the Polish jurists Kazimierz Grzybowski and C. H. Alexandrowicz to include Vladimiri within the international legal canon. In examining the background structures of twentieth-century international law, I conclude that, in a manner directly connected to the liminality of Eastern Europe, neither Soviet nor Third World nor Western imaginations could easily receive Vladimiri within their fundamentally political narratives of normative order that shaped their international legal approaches. However, despite this historic non-reception, I argue that Vladimiri, and the question of Eastern Europe more generally, holds great promise in our current global moment. Particularly, engaging Eastern Europe’s liminal character offers a more sociologically grounded alternative to the reductionist Schmittian view of international law as a product of inescapable conflict in a world of exclusionary ‘greater spaces’.

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Section: A Century Before Vitoriamentioning

confidence: 99%

In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law

Loefflad

2023

Leiden Journal of International Law

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“…How can we account, in other words, for what Koskenniemi, in a later modification of his work on indeterminacy, calls 'structural bias'? 107 In other words, international law might read as open, plastic or indeterminate in Geneva, London or New York, but not so much in Baghdad, Nauru or Cairo.…”

Section: On Textual Indeterminacies and Materials Structures: Towards A Reconciliation Of Marxism And Deconstructionmentioning

confidence: 99%

Capitalism As Civilisation

Tzouvala

2020

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The tradition of all dead generations weighs like a nightmare on the brains of the living. And just as they seem to be occupied with revolutionizing themselves and things, creating something that did not exist before, precisely in such epochs of revolutionary crisis they anxiously conjure up the spirits of the past to their service, borrowing from them names, battle slogans, and costumes in order to present this new scene in world history in time-honored disguise and borrowed language. Karl Marx (1852) 1In July 2017, a strange scene unfolded at the G20 summit in Hamburg. Responding to a question by an Ivorian journalist about the possibility of a Marshall Plan for Africa, the President of France, Emmanuel Macron, retorted, 'The challenge of Africa, it is totally different, it is much deeper, it is civilizational today. What are the problems in Africa? Failed states, the complex democratic transitions, demographic transitions, which is one of the main challenges facing Africa.' 2 Paradoxically, even though Macron understood the civilisational malaise of Africa to run deep, his prescriptions for overcoming it sounded somewhat pedestrian: regional security pacts with France, better infrastructure and public-private partnerships. What is familiar here is not only the framing of the perceived problem as one pertaining to 'civilisation' but also the solutions proposed. The idea that the non-European world was civilisationally inferior and that the influx of (Western) capital would remedy these shortcomings has been, I argue, constitutive of modern international law at least since its emergence as a distinct discipline during the last quarter of the nineteenth century. 4 On the political economy of the Belt and Road Initiative and Chinese capitalism, see: Jerry Harris, 'China's Road from Socialism to Global Capitalism' (2018) 39 Third World Quarterly 1711-26; Liana M. Petranek, 'Paving a Concrete Path to Globalization with China's Belt and Road Initiative through the Middle East' (2019) 41 Arab Studies Quarterly 9-32.

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“…how it aided rather than limited imperialism. Parfitt (2019) argues that international law equates good government and rule of law with the legal enshrinement of capitalist social relations, thereby authorizing the invasion of noncapitalist states by capitalist states and making capitalism compulsory. A further example, among others, 23 of the revival of Marxist legal theorizing is Paul O'Connell and Umut Özsu's (forthcoming) anthology, The Elgar Research Handbook on Law and Marxism, which surveys a wide range of areas of law from a variety of perspectives within the Marxist tradition.…”

Section: Renewed Focus On Social Totality and Systemic Context A Renementioning

confidence: 99%

Marxist Theories of Law Past and Present: A Meditation Occasioned by the 25th Anniversary ofLaw, Labor, and Ideology

Holdren¹,

Tucker²

2020

Law Soc. Inq.

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Capitalist society seems particularly disorderly of late, a disorder contributing to the beginnings of what we hope will be a renewal of Marxist legal scholarship. This essay reviews some key developments in Marxist analysis of law from the 1970s to the present. Over all, our essay traces a back and forth between Marxists’ emphasis on theoretical inquiry on the one hand and empirical and historical work inquiry on the other. We argue that Christopher Tomlins’s 1993 book, Law, Labor, and Ideology in the Early American Republic, remains salient for thinking about ways to combine Marxist theoretic and historical work to understand the role of law in capitalist social formations and that Nancy Fraser and Rahel Jaeggi’s recent book Capitalism: A Conversation in Critical Theory offers complementary resources for a renewal in Marxist legal thought. We conclude that further development of Marxist legal thought will require a mix of both empirical and theoretical innovations, and we identify political questions that Marxists will need to address.

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The Process of International Legal Reproduction

Cited by 59 publications

References 202 publications

In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law

In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law

Capitalism As Civilisation

Marxist Theories of Law Past and Present: A Meditation Occasioned by the 25th Anniversary ofLaw, Labor, and Ideology

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