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Conflicting Lineages of IL Final Author Version 2016.pdf (546.88 kB)

Conflicting lineages of international law: Cicero, Hugo Grotius and Adam Smith on global property relations

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journal contribution
posted on 2023-06-09, 02:33 authored by Tarik KochiTarik Kochi
This essay presents an interpretation of the juridical thought of Cicero, Hugo Grotius and Adam Smith. Focussing upon questions of property, capital accumulation and violence, the essay traces a tension within their writings between a social ethic of human fellowship and compassion, and, a theory of the utility of ‘unsocial’ commercial self-interest. This tension forms a key problem for the tradition of liberal international law. For Grotius and Smith one response to this tension is to attempt to reign in capitalist markets by asserting a range of moral duties to individuals and to the nation-state. The importance of stressing such an interpretation is to reject the flattening-out of the liberal political and juridical tradition by contemporary neoliberal thought, and to reclaim a number of ways of thinking about the global economy and international law in which moral action and political intervention are understood as playing a necessary and essential role.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Jurisprudence

ISSN

2040-3313

Publisher

Taylor and Francis

Issue

2

Volume

8

Page range

257-286

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-08-16

First Open Access (FOA) Date

2018-02-13

First Compliant Deposit (FCD) Date

2016-08-15

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