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Critical Theory, Transnational Law, and the Global Political Economy: The Commodity Form Theory of Law

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Abstract:

This paper argues that neither mainstream nor critical theories of international law or international political economy have developed theorizations of transnational law that capture the materiality, normativity, and historical effectivity of law. It seeks to address these inadequacies by developing a critical political economy of international law through analysis of law in its commodity form. The paper posits that international law takes on a form that is specific to and homologous with the commodity form of transnational capitalist productive relations. It develops the commodity form of law as the form of law specific to transnational capitalism, drawing upon the praxis conception of law and related conceptions of historical blocs and hegemony developed by Antonio Gramsci.

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law (208), gramsci (91), form (80), legal (52), concept (51), state (50), capit (48), intern (47), global (43), polit (43), commod (43), histor (41), relat (32), econom (31), societi (30), hegemoni (29), privat (27), praxi (25), ideolog (24), develop (23), 1971 (23),
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Name: International Studies Association
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MLA Citation:

Cutler, Clare. "Critical Theory, Transnational Law, and the Global Political Economy: The Commodity Form Theory of Law" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p98673_index.html>

APA Citation:

Cutler, C. A. , 2006-03-22 "Critical Theory, Transnational Law, and the Global Political Economy: The Commodity Form Theory of Law" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA Online <APPLICATION/PDF>. 2009-05-25 from http://www.allacademic.com/meta/p98673_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper argues that neither mainstream nor critical theories of international law or international political economy have developed theorizations of transnational law that capture the materiality, normativity, and historical effectivity of law. It seeks to address these inadequacies by developing a critical political economy of international law through analysis of law in its commodity form. The paper posits that international law takes on a form that is specific to and homologous with the commodity form of transnational capitalist productive relations. It develops the commodity form of law as the form of law specific to transnational capitalism, drawing upon the praxis conception of law and related conceptions of historical blocs and hegemony developed by Antonio Gramsci.

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Associated Document Available Political Research Online
Associated Document Available International Studies Association

Document Type: application/pdf
Page count: 16
Word count: 7512
Text sample:
Critical Review of International Social and Political Philosophy Vol. 8 No. 4 527–542 December 2005 Gramsci Law and the Culture of Global Capitalism A. CLAIRE CUTLER Political Science Department University of Victoria British Columbia Canada ccutler@uvic.ca PoliticalReview Group A.ClaireCutler of2005 Ltd (online) of Political Philosophy 0 4 800000DecemberDepartmentUniversityandVictoria3800 Finnerty Road Cornett A323PO Box 3050 STN CSCVictoriaBCV8W 3P5Canada Original Science 2005 1369-8230 Francis Critical&Article Ltd 10.1080/13698230500205227 FCRI120505.sgm International Taylor and (print)/1743-8772 Social Francis ABSTRACT This essay draws upon Gramsci’s understandings
revolution New Political Economy 6(1) pp. 5–17. Spitzer S. (1983) Marxist perspectives in the sociology of law Annual Review of Sociology 9 pp. 103–124. 542 A. C. Cutler Sugarman D. (Ed.) (1983) Legality Ideology and the State (London: Academic Press). Thompson E.P. (1975) Whigs and Hunters: The Origin of the Black Act (London: Allen Lane). Trubeck D. Dezalay Y. Buchanan S. & Davis J. (1994) Global restructuring and the law: studies in the internationalisation of the legal fields and


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