Abstract

https://ssrn.com/abstract=2916631
 


 



The International Legal Argument in Spinoza


Tilmann Altwicker


University of Basel - Faculty of Law

February 14, 2017

Forthcoming, Oxford University Press, System and Order in International Law, edited by Stefan Kadelbach, Thomas Kleinlein, David Roth-Isigkeit, OUP 2017, pp. 183‒198.

Abstract:     
In this paper, it is argued that Spinoza is far from being a ‘denier’ of international law. Instead, it is shown that Spinoza offers a nuanced argument for why states are compelled to cooperate with one another in the form of international law.

The argument is developed as follows: Part II outlines Spinoza’s realist starting point which can be called the ‘international state of nature’. Part III reconstructs – drawing on his ethical and ontological theory outlined in the Ethica Ordine Geometrico Demonstrata (Ethics, E) and in the Tractatus Theologico-Politicus (Theological-Political Treatise, TTP) – Spinoza’s international legal argument, i.e. the conditions that must be fulfilled for international law to exist. Part IV condenses and generalizes Spinoza’s international legal argument in the form of three analytical concepts (normativity of international law, being a State sui iuris and the concept of international cooperation). Part V concludes by outlining Spinoza’s lasting contribution to the theory of international relations and law.

Number of Pages in PDF File: 18

Keywords: International Legal Theory, International Law, Spinoza

JEL Classification: K33


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Date posted: February 16, 2017  

Suggested Citation

Altwicker, Tilmann, The International Legal Argument in Spinoza (February 14, 2017). Forthcoming, Oxford University Press, System and Order in International Law, edited by Stefan Kadelbach, Thomas Kleinlein, David Roth-Isigkeit, OUP 2017, pp. 183‒198.. Available at SSRN: https://ssrn.com/abstract=2916631

Contact Information

Tilmann Altwicker (Contact Author)
University of Basel - Faculty of Law ( email )
Peter-Merian-Weg 8
Basel, 4002
Switzerland
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