POLSC402: Global Justice

2.2: Legitimacy, Authority, and the State of Nature among Sovereigns

• 2.2.1: The Legitimacy and Authority of International Law

  • The Stanford Encyclopedia of Philosophy: Leslie Green's "Legal Positivism" URL

    Read this article, which is meant to give an idea of the field called legal positivism, which can roughly be described as the idea (contrary to natural law theories among others) that the conditions of legal validity are purely a matter of social facts and are not a matter of morality. Green makes frequent reference to H.L.A. Hart, a prominent legal scholar. In his seminal work The Concept of Law, Hart makes the argument that regardless of the lack of an organized authority to implement international law, international law still has relevance over behavior in establishing international norms and rule-following. 

  • Case Western Reserve Journal of International Law: Luis Moreno-Ocampo's "The International Criminal Court: Seeking Global Justice" URL

    Read this article. Here, the first prosecutor of the International Criminal Court, Luis Moreno-Ocampo, expounds on the dynamic nature of international law. He reviews the path the ICC took to come into existence, takes stock of the court's first five years, and discusses cooperation between various actors seeking global justice. In what ways does the ICC contribute to global justice? 

  • Sydney Law Review: Samantha Besson's "The Authority of International Law: Lifting the State Veil" URL

    Read this article. The author presents a strong argument for the legitimacy and authority of international law. Her argument relies on a legal emphasis of the individual and a de-emphasis of the state. Specifically, consider whether or not such a conceptualization of international law furthers global justice.

• 2.2.2: The State of Nature among Sovereigns

  • Massachusetts Institute of Technology: Joshua Cohen's "Class on Hedley Bull" URL

    Read these lecture notes on Hedley Bull. These notes provide a general overview of Hedley Bull's main arguments.

  • Ritsumeikan Annual Review of International Studies: Andrew Linklater's "The English School Conception of International Society: Reflections on Western and non-Western Perspectives" URL

    Read this article, which explores the 'English School' conceptualization of international society and world order and discusses both western and non-western orientations towards the expansion of the international nation-state system and its ramifications. The author frequently refers to Hedley Bull (author of the seminal "The Anarchical Society").

  • E.H. Carr's "The Twenty Years Crisis, Chapters 4 and 5" URL

    Read these chapters. Carr attacks the international idealist position, which he describes as "utopianism," challenging its claim to moral universalism and its idea of a harmony of interests. He characterizes this position as encompassing faith in reason, confidence in progress, and a sense of moral rectitude. According to the idealists, war is an aberration in the course of normal life and the way to prevent it is to educate people for peace and to build systems of collective security, such as the League of Nations or today's United Nations.