A provocative reassessment of the rule of law in world politics
Conventionally understood as a set of limits on state behavior, the
"rule of law" in world politics is widely assumed to serve as a
progressive contribution to a just, stable, and predictable world. In
How to Do Things with International Law, Ian Hurd challenges this
received wisdom. Bringing the study of law and legality together with
power, politics, and legitimation, he illustrates the complex politics
of the international rule of law.
Hurd draws on a series of timely case studies involving recent legal
arguments over war, torture, and drones to demonstrate that
international law not only domesticates state power but also serves as a
permissive and even empowering source of legitimation for state
action--including violence and torture. Rather than a civilizing force
that holds the promise of universal peace, international law is a deeply
politicized set of practices driven by the pursuit of particular
interests and desires. The disputes so common in world politics over
what law permits and what it forbids are, therefore, fights over the
legitimating effect of legality.
A reconsideration of the rule of law in world politics and its
relationship to state power, How to Do Things with International Law
examines how and why governments use and manipulate international law in
foreign policy.