The Human Action Podcast

Dr. Peter Klein on International Law and “Might Makes Right”

Jan 15, 2026
Dr. Peter Klein, an economist specializing in institutional economics, dives into the complexities of international law. He tackles the backlash against the notion that law requires a global sovereign and contrasts legal positivism with natural law. Klein discusses polycentric legal orders, arguing they can exist without centralized authority, and emphasizes norms emerging from historical contexts like maritime law. He critiques the 'might makes right' philosophy and advocates for rules-based orders that can effectively restrain power for long-term stability.
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INSIGHT

Two Senses Of Law

  • Law has two senses: positivist rules laid down by a sovereign and broader norms or principles that govern conduct.
  • International law fits the latter sense and can exist without a global sovereign.
INSIGHT

Law Versus Legislation

  • Hayek and Bruno Leoni distinguish 'law' as discovered, purpose‑independent rules from 'legislation' as rules made by rulers.
  • Common law judges discover and articulate norms rather than invent them, per Hayek's view.
INSIGHT

Polycentric Law Is Practically Possible

  • Polycentric legal orders can produce binding, enforced rules without a single sovereign.
  • Historical examples like maritime law and law merchant prove decentralized enforcement works.
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