scholarly journals History of International Law Since the Peace of Westphalia

1912 ◽  
Vol 6 (1) ◽  
pp. 30-69 ◽  
Author(s):  
Amos S. Hershey
Keyword(s):  
International Law ◽  
French Revolution ◽  
Public Law ◽  
The Other ◽  
Relative Value ◽  
The World ◽  
History Of ◽  
Main Factors ◽  
History Of International Law ◽  
The One

The treaties of Münster and Osnabrück gave to Europe a sort of international constitution which remained the basis of its public law down to the French Revolution. But it would be a serious error to assume that the international community of states as revealed to the world by the Peace of Westphalia implied the recognition of the science of international law as understood and practiced by the society of nations at the present time. The science of international law as it exists today is a result of slow historical growth and is the product of two main factors, viz., certain theories or principles on the one hand, and international practice or custom on the other. The relative value and influence of the contributions of each of these factors is so difficult to determine that they have never been thoroughly eifted or separated — a task left for the future historians of international law.

Context in the History of International Law

2018 ◽  
Vol 20 (1) ◽  
pp. 5-30 ◽  
Author(s):  
Andrew Fitzmaurice
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
The Other ◽  
The Past ◽  
History Of ◽  
History Of International Law ◽  
The One

AbstractThis article examines recent, and contrasting, methodological developments in the history of international law. These include the recent defense of anachronism by leading historians of international law, on the one hand, as well as a growing number of studies that focus upon the practice of international law, on the other. The article contends that contextual history need not cut the past off from the present, as some critics have maintained. At the same time, it calls for a richer understanding of context that explores the connections between so-called ‘theory’ and practice.

Camus's Absurd and the World of Melville's Confidence-Man

PMLA ◽  
1967 ◽  
Vol 82 (1) ◽  
pp. 14-27
Author(s):  
Leon F. Seltzer
Keyword(s):  
Careful Analysis ◽  
The Other ◽  
The Novel ◽  
The Past ◽  
The World ◽  
Critical Attention ◽  
Confidence Man ◽  
Ugly Duckling ◽  
History Of ◽  
The One

In recent years, The Confidence-Man: His Masquerade, a difficult work and for long an unjustly neglected one, has begun to command increasingly greater critical attention and esteem. As more than one contemporary writer has noted, the verdict of the late Richard Chase in 1949, that the novel represents Melville's “second best achievement,” has served to prompt many to undertake a second reading (or at least a first) of the book. Before this time, the novel had traditionally been the one Melville readers have shied away from—as overly discursive, too rambling altogether, on the one hand, or as an unfortunate outgrowth of the author's morbidity on the other. Elizabeth Foster, in the admirably comprehensive introduction to her valuable edition of The Confidence-Man (1954), systematically traces the history of the book's reputation and observes that even with the Melville renaissance of the twenties, the work stands as the last piece of the author's fiction to be redeemed. Only lately, she comments, has it ceased to be regarded as “the ugly duckling” of Melville's creations. But recognition does not imply agreement, and it should not be thought that in the past fifteen years critics have reached any sort of unanimity on the novel's content. Since Mr. Chase's study, which approached the puzzling work as a satire on the American spirit—or, more specifically, as an attack on the liberalism of the day—and which speculated upon the novel's controlling folk and mythic figures, other critics, by now ready to assume that the book repaid careful analysis, have read the work in a variety of ways. It has been treated, among other things, as a religious allegory, as a philosophic satire on optimism, and as a Shandian comedy. One critic has conveniently summarized the prevailing situation by remarking that “the literary, philosophical, and cultural materials in this book are fused in so enigmatic a fashion that its interpreters have differed as to what the book is really about.”

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals CULTURAL REPRESENTATION OF POWER AND THE COURT DURING THE PERSONAL REIGN OF CHARLES I STUART

2020 ◽  
Vol 30 (1) ◽  
pp. 104-110
Author(s):  
L. I. Ivonina
Keyword(s):  
Social Context ◽  
General Trend ◽  
Daily Life ◽  
Cultural Representation ◽  
The Other ◽  
Charles I ◽  
The World ◽  
King Charles I ◽  
History Of ◽  
The One

The article analyzes the main features of the Caroline era in the history of Britain, which were reflected in the cultural representation of the power of King Charles I Stuart and the court’s daily life in the 1630s. The author shows that, on the one hand, the cult of peace and the greatness of the monarch were the cultural product of the Caroline court against the background of the Thirty Years' War in continental Europe. On the other hand, there was a spread of various forms of escapism, the departure into the world of illusions. On the whole, the representation of the power of Charles Stuart and the court’s daily life were in line with the general trend of the time. At the same time, the court of Charles I reflected his personality. Thinly sensing and even determining the artistic tastes of his era, the English king abstracted from its political and social context.

Leibniz on Human Equality and Human Domination

2015 ◽  
Author(s):  
Justin E. H. Smith
Keyword(s):  
Gottfried Wilhelm Leibniz ◽  
The Other ◽  
Concrete Application ◽  
The World ◽  
Human Equality ◽  
Temporal Succession ◽  
History Of ◽  
The One

This chapter undertakes an extensive treatment of the place of Gottfried Wilhelm Leibniz in the history of the concept of race. In particular, the chapter draws out the significant points of difference between Leibniz's view, on the one hand, and Bernier's biogeographical view, on the other. It shows, in fact, that Leibniz remains thoroughly committed to a conception of race that is rooted in earlier ideas about the temporal succession of members of a family or lineage. Moreover, the chapter reveals in what way his analysis of race may be seen as a concrete application of his very deepest philosophical commitment, according to which the order of the world amounts to a multiplicity that is underlain by unity.

Contravention and Creation of Law during the French Revolution

2021 ◽  
pp. 481-495
Author(s):  
Edward Kolla
Keyword(s):  
International Law ◽  
French Revolution ◽  
Unintended Consequence ◽  
Military Force ◽  
Central Feature ◽  
The People ◽  
History Of ◽  
The Will ◽  
History Of International Law ◽  
The French Revolution

Moments of infraction of international law can generate new law. These can also be important examples of contingency in the history of international law, if the process occurs as an unintended consequence of actors’ aims. The French Revolution was just such an instance. The transmission of sovereignty from the person of the king to the collective populace of France was a central feature of the Revolution. Unplanned by revolutionaries, the principle of popular sovereignty bled into international law and became a new justification for claims to territory—a precept which, by the twentieth century, came to be called national self-determination. This chapter explores how the will of the people became a force in international law, inadvertently from the perspective of revolutionaries, as a result of changing public opinion, claims of jurisprudential and moral legitimacy, and military force.

The Law of Nations in Global History

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global History ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Regional Histories ◽  
International Rule

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.

scholarly journals A Woman to Rule the World: Rome Personified in the Roman Republic

2021 ◽  
Author(s):  
◽  
Campbell Orchard
Keyword(s):  
Twentieth Century ◽  
Roman Empire ◽  
Roman Republic ◽  
The Other ◽  
Female Figure ◽  
Imperial Cult ◽  
National Representation ◽  
The World ◽  
History Of ◽  
The One

<p>Revitalised by Mussolini in the early twentieth century as a symbol of the ‘New Roman Empire’, Roma has endured a long history of national representation. Traditionally the figure of Roma is on the one side associated by historians with the Roman imperial cult and Augustus, and on the other by Numismatists as the helmeted female figure on the coinage of the Roman Republic. However, these figures are not presently considered one and the same. When describing this figure, Roma is considered a Greek innovation travelling west, which naturally discounts well over two centuries of Roman issued coinage. Roma inaugurated by Hadrian and previously manipulated by Augustus was not simply a Greek import, but a complex Roman idea, which, true to Roman form, incorporated native and foreign elements in shaping an outward looking signifier of Roman identity.</p>

scholarly journals Presentation of the Dossier

Caminhando ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 19
Author(s):  
Matthias Grenzer - Translation of João Batista Ribeiro Santos
Keyword(s):  
Cultural Heritage ◽  
Theological Reflection ◽  
The Other ◽  
Ancient Israel ◽  
The World ◽  
History Of ◽  
First Millennium ◽  
The One ◽  
And Behavior ◽  
History Of Literature

The Pentateuch is a cultural heritage of Humanity. The world narrated in it belongs to the second millennium B.C., and the narratives, poems, and sets of laws contained therein were composed during the first six centuries of the first millennium B.C. On the one hand, by bringing together epic, lyrical, and legal poetry, the one hundred and eighty-seven chapters constitute, in the form of five books, a masterpiece in the history of literature. On the other hand, it is literature that proposes to cultivate memory, either in relation to the narrated world, or in view of the period of its composer, sometimes narrating, sometimes legislating, sometimes singing. Moreover, as literature aimed at history, the texts of the Pentateuch promote enormous theological reflection. The main goal seems to be to think God. Thus the first five books of the Jewish Bible and the Christian Bible, with their narrated models of faith and behavior, turned into poems and defined by legal formulations, became the foundational reference for the religion of ancient Israel, of which Judaism was born and, from the latter, Christianity. Also Jesus of Nazareth, in the four New Testament Gospels, is presented in relation to Abraham and Moses, and stands out as a unique teacher with regard to the laws contained in the Pentateuch.

scholarly journals International Law as a Help or Hinderance to World Peace

2020 ◽  
Vol 11 (2) ◽  
pp. 447-459
Author(s):  
Alexander Gilder
Keyword(s):  
International Law ◽  
Review Essay ◽  
International System ◽  
World Peace ◽  
International Organisations ◽  
The World ◽  
History Of ◽  
History Of International Law ◽  
Made In

Abstract World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes in the book looking at how the history of international law is framed by the author before assessing Bellamy’s arguments in relation to the state and international organisations. Lastly, the essay casts a legal eye over the author’s articles for world peace. The articles will be of particular interest to readers in international law as they are embedded in the existing systems and structures of the prevailing international system. However, the articles contain the important inclusion of individuals and the role they play in achieving world peace. World Peace allows international lawyers to think more deeply about peace and the points made in this essay raise some issues that may be further debated as scholars map the paths to peace.

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