Suchergebnisse

AbstractThis article discusses the concept of misrecognition to analyse international legal ordering in the practice of colonial treatymaking. As critical interventions to the debate on recognition have made clear, recognition is about exclusion as much as it is about inclusion. The most obvious example is the nineteenth-century applications of the standard of civilisation, where the European Family of Nations introduced the criterion of 'civilisation', which excluded non-European entities as sovereigns and legitimised their colonisation. But at the same time colonial treaties included the 'savage rulers' as signatory powers, and thus legal persons within the international legal order that at once excluded them. This contribution to the Special Issue discusses these treatymaking practices as a practice of misrecognition; not because it misrecognises some natural, essential, or true identity of the indigenous entities, but as a misrecognition of the international order's own conditions of possibility through practices that simultaneously constitute that order and undermine its constitutive conditions. A rereading of Hegel's famous master–slave metaphor through the concept of misrecognition sheds light on the reversals and contradictions of the colonial legal enterprise and reveals the aporia of the contemporary international legal order by showing the void at its heart.

The standard of civilisation is most often identified as the infamous legal doctrine that legitimised imperialist rule and the exclusion of non-European non-Christian states from the international society. In disciplinary narratives of both International Relations and International Law this colonial project is usually presented as a mere interlude on the way to a mature and inclusive international society based sovereign equality as its organising principle. In line with more critical historiography, which shows how colonialism is the condition of possibility for both sovereignty and international law, this article investigates how a standard of civilisation is inherent in political legal practices of international ordering. Moreover, while usually presented as a practice of exclusion, this article will analyse the more intricate dynamic of inclusion and exclusion as a basis for international order by addressing the legal politics of subjecthood (as objects and subjects of the imagined global regime). More specifically, it will address how law operates as a technology through the interplay between a standard of civilisation, the principle of equality and legal subjectivity. The article will look into legal practices of different historical periods (in the age of discovery, during the colonial expansion, and in modern international society) to analyse the workings and transformations of these legal technologies. Together this will show how an (implicit) standard of civilisation is entrenched in the operation of law as a technology of international order. This does not stop with the universalisation of sovereign equality as the organising principle of an inclusive or 'global' international society. This article will argue that this reveals the productive power of law which functions not just as a juridical rule to regulate relations between independent and equal sovereign subjects, but operates as the norm to produce appropriate sovereigns as members of the international society.

This article analyses C.A.W. Manning's The Nature of International Society ( NIS) by exploring the constructivist insights avant-la-lettre displayed in this not so prominent opus on international society. The article's objective is twofold. First, to re-establish Manning's argument, which has been distorted by its successors. That is to say, whereas often identified as a source of inspiration by subsequent generations of English School academics, the British mainstream at the same time appears to have missed out on Manning's more metatheoretical, socio-linguistic insights. By exploring his message about the link between knowledge, language, meaning and reality, this article secondly addresses the added value of Manning's work in terms of his analysis of the metaphor of sovereignty games. It is argued that, particularly in the analysis of the constitutive role of language, NIS provides useful insights for the reconvention project of the English School.