Book contents
- Space and Fates of International Law
- ASIL Studies in International Legal Theory
- Space and Fates of International Law
- Copyright page
- Dedication
- Contents
- Note on Uses of Leibniz’s and Hobbes’s Works and Abbreviations
- Introduction
- 1 Science and Law in the Seventeenth Century
- 2 Space
- 3 The Idea of Universals and Human Cognition
- 4 Law
- 5 Intermezzo
- 6 Space(s) of International Law
- Conclusions and the Way Forward
- Bibliography
- Index
6 - Space(s) of International Law
Published online by Cambridge University Press: 20 August 2020
- Space and Fates of International Law
- ASIL Studies in International Legal Theory
- Space and Fates of International Law
- Copyright page
- Dedication
- Contents
- Note on Uses of Leibniz’s and Hobbes’s Works and Abbreviations
- Introduction
- 1 Science and Law in the Seventeenth Century
- 2 Space
- 3 The Idea of Universals and Human Cognition
- 4 Law
- 5 Intermezzo
- 6 Space(s) of International Law
- Conclusions and the Way Forward
- Bibliography
- Index
Summary
Two main themes of the disicipline of international law, namley its theory of subjects of international law and the concept of sources of international law form the core of this chapter. Respective views of Hobbes and Leibniz on these two themes are analysed and compared. The continuing influence of Hobbesian and Leibnizian ideas on these two topics is also analysed. It is argued that the theory of subjects of international law with the central role of the state and the objective definitional approach to the concept of the state is fundamentally Hobbesian. The concept of sources of international law appears at the surface more Leibnizian. However, the Leibnizian heritage was striped of its foundation and thus distorted. As a result, international law in its contemporary articulation is an oxymoron. The trasformative future of international law lies in a rethinking of its normativity away from its Hobbesian heritage. However, to be sucessful, such a rethinking should be grounded in a reflection on possible alternative spatial-conceptual foundations one of which is offered by Leibniz.
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- Space and Fates of International LawBetween Leibniz and Hobbes, pp. 131 - 178Publisher: Cambridge University PressPrint publication year: 2020