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This introductory chapter lays out the method, theory and historical framework of the study. It focuses on the potential for historical materialism to help us better understand and critique international law uncovering its structural complicity with oppression, exploitation and dispossession. Along with offering a succinct summary of the capitalist mode of production in Marxist thought, the chapter also reflects on the benefits of combining textual deconstruction with materialist analysis in order to better comprehend law as a textual discipline that is at the same time profoundly entangled with extra-textual processes of capitalist accumulation. Drawing from epistemology and the Marxist philosopher, Luis Althusser, the author defends the importance of a symptomatic reading of international legal materials that centres a specifically juridical problematic.
Methodologically and theoretically innovative, this monograph draws from Marxism and deconstruction bringing together the textual and the material in our understanding of international law. Approaching 'civilisation' as an argumentative pattern related to the distribution of rights and duties amongst different communities, Ntina Tzouvala illustrates both its contradictory nature and its pro-capitalist bias. 'Civilisation' is shown to oscillate between two poles. On the one hand, a pervasive 'logic of improvement' anchors legal equality to demands that non-Western polities undertake extensive domestic reforms and embrace capitalist modernity. On the other, an insistent 'logic of biology' constantly postpones such a prospect based on ideas of immutable difference. By detailing the tension and synergies between these two logics, Tzouvala argues that international law incorporates and attempts to mediate the contradictions of capitalism as a global system of production and exchange that both homogenises and stratifies societies, populations and space.
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