Hobbes, Realism And The Tradition Of International Law

Hobbes, Realism and the Tradition of International Law Charles Covell Hobbes, Realism and the Tradition of International Law Also by Charles Covell KANT AND THE LAW OF PEACE: A Study in the Philosophy of International Law and International Relations KANT, LIBERALISM AND THE PURSUIT OF JUSTICE IN THE INTERNATIONAL ORDER THE DEFENCE OF NATURAL LAW: A Study of the Ideas of Law and Justice in the Writings of Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis THE REDEFINITION OF CONSERVATISM: Politics and Doctrine Hobbes, Realism and the Tradition of International Law Charles Covell Associate Professor of Jurisprudence University of Tsukuba Japan © Charles Covell 2004 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2004 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 0–333–76154–5 hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Covell, Charles, 1955– Hobbes, realism, and the tradition of international law / Charles Covell. p. cm. Includes bibliographical references and index. ISBN 0–333–76154–5 (cloth) 1. Hobbes, Thomas, 1588–1679 – Contributions in international law. 2. International law. 3. International relations. I. Title. KZ2107.H63C68 2004 341—dc22 10 9 8 7 6 5 4 3 2 1 13 12 11 10 09 08 07 06 05 04 Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham and Eastbourne 2003064664 Contents Preface vi Introduction 1 1 First Principles of Law, State and Government in Hobbes’s Civil Philosophy 1.1 Pre-modern natural law theorizing and the modern natural law tradition 1.2 The natural state of men and the laws of nature 1.3 Covenanting, the commonwealth and the rights of sovereignty 1.4 The effects and consequences of the establishing of the sovereign power 1.5 The rule of law: civil law, crime and punishment 1.6 The office of sovereign 2 Natural Law, the Law of Nations and Realism in International Politics 2.1 The international state of nature 2.2 The elements of the law of nations 2.3 Natural law,