This introductory chapter provides an overview and a brief history of international law. Why should students of international relations be interested in international law? International politics and international law are so closely intertwined that one cannot be understood without understanding the other. The United Nations describes international law as ‘the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries’. Just as domestic law frames a political community and regulates relations among its members, international law helps to frame international society, to signal its core values, and to regulate relations among states and other actors. The chapter then considers two philosophical traditions that have shaped the study and practice of international law over the past four centuries: natural law and legal positivism.
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1. Introduction
What is international law and why does it matter for international relations?
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8. Aquinas
Joseph Canning
This chapter examines St Thomas Aquinas' political ideas. Aquinas combined Aristotelian ideas with Christian concepts, distinguishing between the natural and supernatural orders, and attributing inherent validity to the natural order, including political life. His theory of law linked, through reason, the eternal law of God, natural law, human positive law, and divine law. According to Aquinas, government's justification was its purpose — securing the common good. He favoured limited monarchy in a mixed constitution. The chapter first provides a short biography of Aquinas before discussing his views on natural and supernatural orders, government, tyranny, and temporal and spiritual power. It concludes with an assessment of Aquinas' contribution to political thought in the area of just war theory.
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11. Human Rights
Tom Campbell
This chapter focuses on human rights. Human rights are derived historically from the idea of natural law as it developed on a strong religious basis in late medieval Europe and, later, in a more secularized form during the more rationalist period of the Enlightenment. Meanwhile, the contemporary human rights movement stems from the aftermath of World War II. It is associated, domestically, with constitutional bills of rights and, internationally, with the work of the United Nations. Human rights may be defined as universal rights of great moral and political significance that belong to all human beings by virtue of their humanity. They are said to be overriding and absolute. Human rights may be divided into three overlapping groups: civil and political rights; economic, social, and cultural rights; and group or collective rights for development and self-determination.
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13. John Locke
Jeremy Waldron
This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.
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17. Burke
David Boucher
This chapter examines Edmund Burke's political thought. It first provides a short biography of Burke before discussing the three main interpretations of him: first, as a utilitarian; second, in relation to natural law; and the third, which attempts to bring together the two antithetical interpretations. It argues that even though Burke has elements of utilitarianism in his thought, and although he subscribes to natural law and universal principles, both somehow have to coincide in the traditions and institutional practices of a community. On the question of political obligation, although he uses the language of contract, it is clear that Burke does not subscribe to its central tenets. The chapter proceeds by exploring Burke's views on sovereignty, constitutionalism, colonialism, and slavery.
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6. Cicero
Cary J. Nederman
This chapter examines Cicero's social and political theory, which rests upon his conception of human nature, namely that human beings are capable of speech and reason. It first provides a short biography of Cicero before discussing his discursive approach to republican rule based on the claim that human nature can only be fully realized through articulate and wise speech. For Cicero, social order requires wise leaders who direct citizens toward the proper goals of cooperation and mutual advantage and who thus seek peace rather than war. The chapter proceeds by analysing Cicero's argument that political institutions must be built upon natural law and virtue, especially justice, along with his notion of patriotic citizenship and his views on war and peace; statesmanship, courage, and otium; the origins of political inequality; and republican government.
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11. Hugo Grotius
Camilla Boisen
This chapter examines Hugo Grotius' key political ideas. Grotius, one of the most prolific and erudite writers of the seventeenth century, sought to formulate a set of universal rights and duties that would secure peace by constraining states in their internal and external relations. Drawing on a wide range of philosophical and literary sources, including Roman law, ancient classics, theology, and poetry, Grotius rehabilitated the natural law in an attempt to achieve harmony in an increasingly splintered political environment. After providing a short biography of Grotius, the chapter analyses his views on natural law, natural rights, property rights, sociability, self-preservation, and social contracts. It also discusses Grotius' arguments regarding international order in the context of just war theory and punishment and concludes with an assessment of Grotius' legacy in the area of political thought.
