Taming the Leviathan? The Reason of State in International Law

What is it about?

In early modern political thought, "reason of state" usually meant acting on practical necessity rather than strict legal rules. However, a more expansive reading of the concept tied it instead to a community's shared values and interests (ius status), which had to be weighed against the interests of the wider international community (ius gentium). Under this broader view, reason of state did not override the rule of law — it simply justified governance aimed at preserving public safety and order (conservare lo stato). The article investigates the evolution of the reason of state in political theory and how Alberico Gentili (1552–1608), a religious exile who became Regius Professor at Oxford, captured the cultural zeitgeist and transplanted it from political theory into the law of nations.

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Photo by Kyle Wilson on Unsplash

Photo by Kyle Wilson on Unsplash

Why is it important?

The reason of state lies at the nexus of constitutional and international law, state sovereignty and international relations. It thus relates to the essence of international law and its interplay with domestic law. Examining this legal transplant can help address the question of whether international law can serve as a tool to further state interests or as a means of limiting state power. This investigation also helps address the larger question of whether international law is a part of the world’s ills or can cure those ills.