A Social Theory Of International Law

Drawing upon philosophy and social theory, Social Theory of International Politics develops a theory of the international system as a social construction. Alexander Wendt clarifies the central claims of the constructivist approach, presenting a structural and idealist worldview which contrasts with the individualism and materialism which underpins much mainstream international relations theory. He builds a cultural theory of international politics, which takes whether states view each other as enemies, rivals or friends as a fundamental determinant. Wendt characterises these roles as 'cultures of anarchy', described as Hobbesian, Lockean and Kantian respectively. These cultures are shared ideas which help shape state interests and capabilities, and generate tendencies in the international system. The book describes four factors which can drive structural change from one culture to another - interdependence, common fate, homogenization, and self-restraint - and examines the effects of capitalism and democracy in the emergence of a Kantian culture in the West.

There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system,' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

Nicholas Onuf is a leading scholar in international relations and introduced constructivism to international relations, coining the term constructivism in his book World of Our Making (1989). He was featured as one of twelve scholars featured in Iver B. Neumann and Ole Wæver, eds., The Future of International Relations: Masters in the Making? (1996); and featured in Martin Griffiths, Steven C. Roach and M. Scott Solomon, Fifty Key Thinkers in International Relations, 2nd ed. (2009). This powerful collection of essays clarifies Onuf’s approach to international relations and makes a decisive contribution to the debates in IR concerning theory. It embeds the theoretical project in the wider horizon of how we understand ourselves and the world. Onuf updates earlier themes and his general constructivist approach, and develops some newer lines of research, such as the work on metaphors and the re-grounding in much more Aristotle than before. A complement to the author’s groundbreaking book of 1989, World of Our Making, this tightly argued book draws extensively from philosophy and social theory to advance constructivism in International Relations. Making Sense, Making Worlds will be vital reading for students and scholars of international relations, international relations theory, social theory and law.

Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.