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International Legal Theory | IL Episode 4
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In this episode, I tackle international legal theory. While not a favourite topic for students of law students, or students in general, legal theory is essential for understanding the nature of law. Law is one way of regulating social relations. Violence is another. Markets are a third. And so on. Why we choose to mediate some relations with law - e.g. the human rights obligations of states - but others with non-law - e.g. the human rights 'responsibilities' of corporations - can only be explained by engaging with theory. In this episode, I describe international law's naturalist origins of universal rights, its shift to a positivist framework of sovereign state authority, and conclude with a discussion of realism and its critique of power relations. Keep your ears open for a future episode on commodity form theory!
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