Intellectual Origins of "Othering" in the Law of Nations

Catalog description

Today, many nations and peoples with formal legal equality are not, in practice, treated equally in international relations. One reason for this is that some nations and peoples were once unequal under prevailing law and legal theory. This course surveys key Western political and legal thought that led to "othering," or legal inequality, in the "Law of Nations," which was a general body of law that eventually became what we today call "international law." After setting out key concepts and themes, the course traces the evolution of thought regarding: the nature of human societies, the interrelationship of human societies, the rights and rules of war, and the acquisition and possession of land by peoples and nations. As necessary, students will be required to review relevant geopolitical history that both influenced and resulted from this evolution. A note of caution: this course will encounter detestable concepts, such as the persistent idea that some humans were "natural slaves," "infidels," "savages," or "barbarians" unworthy of equal legal or moral status or treatment. These concepts played a significant role in legal and moral justifications for colonization and other subjugation, including dispossessing indigenous peoples of their native lands. During the course, students will be required to independently research (at least 1 book or 3 significant scholarly articles) and consider the influences of this history on a contemporary issue in the U.S. or international legal system. The final grade will be determined by a student's effort in completing short reflection papers for each reading assignment, and the quality of a final seminar reflection paper that considers the course as a whole in relation to the student's independent research.