법적사회(Gesellschaft)의 등장: 법사회학 이론을 통한 국제관계의 법제화 경향 분석

This article purports to build an alternative theory that better explains the legalization of international relations. Existing neo-realist and neo-liberal institutionalist perspectives perceive international law either as a convenient tool of hegemonic power or a tool for reiterated cooperation among states. Those existing pieces of literature assume that a hegemonic state or main stakeholders of institutions easily control or revert the level of legalization. This article challenges such mainstream theories by building an alternative theory developed from the legal-sociology approach. For the theory-building, this article draws some crucial insights from the classical pieces of the legal-sociology: Max Weber, Ferdinand Tönnies, and Emile Durkheim. The classical works emphasize that the emergence of industrial capitalism as the main cause of the transition to the Gesellschaft. The impact of Gesellschaft, however, went beyond the economic realm by restructuring the solidarity among social actors. Analogous to the emergence of Gesellschaft in domestic societies, the article claims that the Globalization of industrial capitalism affected the legalization of international relations, and the legalization of international relations, as a systematic reality, restructure the interaction among states and non-state actors by socializing them.