The Commodity-Form Theory of International Law: An Introduction

Abstract

The New Stream of critical international legal theory has been a welcome corrective to theory-blindness in international law, but it is limited by its philosophical idealism. The materialist philosophy of Marxism, by reference to political–economic contexts and conflicts, can better explain many of the New Stream's insights. The pioneering jurisprudence of Evgenii Pashukanis shows that many ‘traditional’ Marxist theories of law are limited and limiting. A reformulation of Pashukanis's ‘commodity-form’ theory shows that contra claims that the rule of law is characterized by peaceful coexistence, the unequal political violence of imperialism is intrinsic to the international system and to international law.