A provocative reassessment of the rule of law in world politics
Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law , Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law.
Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action―including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality.
A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.
Good theoretical summary of international law thus far with important case studies and counter arguments. Doesn't go into a lot of detail or nuance, but not needed as it serves as a good starting point for the discipline.
A decent treatise on how international law actually works in practice. Prof. Hurd could have used a good editor though - his expository style unfortunately puts me in mind of the classic 5-paragraph essay with how much he relies on clauses like "In this chapter I will" and "To illustrate this" etc. Also, he persistently mixes up his uses of hence (forward-looking, "from this it follows" - he uses it instead of thus) and thus (past or present-looking, "in the pattern of", "because of" - he uses it where hence ought to be) which he really should know better.
A niche analysis of International Law as it applies to Nukes, Drones, and Torture. Felt the jargon was a little over the top and hypothetical rather than case study outside of mainly US reference. Some momments are defintly more quotable and juicy than others. Slow start at first but gained better interest halfway.
A bit too academic, yet not too difficult to follow if you are not studying and wanting to become a lawyer. My favorite chapter is 6 regarding torture. Author takes a neutral ground in showing both sides of an argument and how the law can be bent one way in defending someone's actions within the confines of the law in question. Definitely an eye opener regarding the actions of the u.s. when it comes to their 'enhanced interrogation techniques ' and what can be construed as torture. Highly recommend reading chapter 7 first and then returning to chapter 1. The conclusions at end of each chapter help in summarizing the heft of the chapter if you are inclined to skim. However, I highly suggest reading to it's entirety.
Clearly written and provides a good summary of basic dynamics in international law. This book is case-study heavy which makes sense considering its legal nature. I would recommend it to those who are just starting to learn more about the topic of international law.