(Page 1 of 16) - Critical Theory, Transnational Law, and the Global Political Economy: The Commodity Form Theory of Law authored by Cutler, Clare.

Critical Review of International Social and Political Philosophy
Vol. 8, No. 4, 527–542, December 2005

ISSN 1369-8230 Print/1743-8772 Online/05/040527-16 © 2005 Taylor & Francis Group Ltd
DOI: 10.1080/13698230500205227

Gramsci, Law, and the Culture of Global
Capitalism

A. CLAIRE CUTLER

Political Science Department, University of Victoria, British Columbia, Canada

Taylor and Francis Ltd

FCRI120505.sgm

10.1080/13698230500205227

Critical Review of International Social and Political Philosophy

1369-8230 (print)/1743-8772 (online)

Original Article

2005

Taylor & Francis Group Ltd

000000December 2005

A.ClaireCutler

Political Science DepartmentUniversity of Victoria3800 Finnerty Road, Cornett A323PO Box 3050 STN CSCVictoriaBCV8W 3P5Canada

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BSTRACT

This essay draws upon Gramsci’s understandings of law and of the philosophy

of praxis to develop a critical analysis of international law in the constitution and potential
revolutionary transformation of the contemporary global political economy. The analysis
illustrates the analytical utility of Gramscian conceptions of historical bloc and hegemony
in capturing the significance of international law as an effective historical force. It also
extends these conceptions, theoretically, by arguing that the global political economy is
undergoing a process of juridification in which a commodified legal form provides the
template for economic and political regulation. The commodity form theory of law is
presented as the key to understanding the significance of international law under the
culture of global capitalism.

ORDS

: Gramsci, international law, philosophy of praxis, commodity form theory of

law, International Relations (IR)

This article is inspired by the insight that the works of Antonio Gramsci provide an
‘invitation’ to think critically about law (Kennedy 1982: 32), and in particular, about
international law. Although Gramsci did not engage in any extensive analysis of law
and his existing analysis was framed in the context of early twentieth-century
domestic Italian criminal and constitutional laws, his conception of law has a signif-
icance that goes beyond temporal, geographical or disciplinary limitations (but see
Bellamy 1990). Indeed, this article argues that developing an understanding of
Gramsci’s conception of law is crucial to ‘engaging’ Gramsci in the manner of an
immanent critique contemplated by Gramsci himself. Moreover, such analysis is
argued to provide crucial insight into the role of international law in the constitution
of the contemporary global political economy and in framing the conditions of
possibility for the latter’s revolutionary transformation.

Correspondence Address:

A. Claire Cutler, Political Science Department, University of Victoria, 3800

Finnerty Road, Cornett A323, PO Box 3050 STN CSC, Victoria, BC, V8W 3P5, Canada. Email:
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