The dialectic of the political and the legal: The ideology in international order

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Najafzadeh Reza; Talebian Seyed Amirhamed

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Journal: Political and International Approaches Year:2023 | Volume:14 | Issue:3 Page(s): 83-110

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Title

The dialectic of the political and the legal: The ideology in international order

Author(s)

Najafzadeh Reza | Talebian Seyed Amirhamed | Issue Writer Certificate

Keywords

Dialectical Materialism

Ideology

National Governments Radical

Critical Approach

Abstract

The development of domestic legal systems has been the result of the development of national governments, which itself is the result of the interaction of power and interests. In the international legal order, the situation is almost the same, with the difference that the relationship between power and interests in the international legal order is more unclear and ambiguous than domestic law, due to the fact that the political order governing the international community It has less unity and integrity than domestic political systems. This is why international organizations, treaties, international dispute resolution, security systems, including disarmament, etc. have emerged. In this article, the question is that, using the teachings of the radical Critical Approach about Dialectical Materialism in political speech, in the dialectical conflict between the legal matter and the political matter, the criticism of the conceptual position of international law in the current international order Is it ideological or not? The ideological nature of international law is, on the one hand, a result of the dominance of the Westphalian national governments, and on the other hand, a result of the final victory of the political in the dialectic between the legal and the political.

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