Positivism, Functionalism, and International Law

1940 ◽  
Vol 34 (2) ◽  
pp. 260-284 ◽  
Author(s):  
Hans J. Morgenthau
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Scientific Inquiry ◽  
Resistance To Change ◽  
Physical World ◽  
Natural Reaction ◽  
The Social ◽  
History Of ◽  
History Of International Law

If an event in the physical world contradicts all scientific forecasts, and thus challenges the assumptions on which the forecasts have been based, it is the natural reaction of scientific inquiry to reëxamine the foundations of the specific science and attempt to reconcile scientific findings and empirical facts. The social sciences do not react in the same way. They have an inveterate tendency to stick to their assumptions and to suffer constant defeat from experience rather than to change their assumptions inthe light of contradicting facts. This resistance to change is uppermost in the history of international law. All the schemes and devices by which great humanitarians and shrewd politicians endeavored to reorganize the relations between states on the basis of law, have not stood the trial of history.

Recent research in the history of international law

2016 ◽  
Vol 84 (1-2) ◽  
pp. 313-334
Author(s):  
Frederik Dhondt
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Historical Research ◽  
Global History ◽  
Intercultural Awareness ◽  
The Past ◽  
History Of ◽  
Legal Thinking ◽  
History Of International Law ◽  
Interdisciplinary Scholarship

This review article treats the booming scholarship on the history of international law over the past decade. Works with a broader view (1), including the recent big-book syntheses and collective works, are contrasted with monographs (2), from studies of treaties and doctrine, over diplomatic practice to scholarship by historians and, finally, interdisciplinary scholarship. This texts provides a personal panorama of the wide array of scholarly perspectives on a common object: rules recognised in the community or society of states. New insights from history and social sciences, especially the turn to global history, open fresh prospects for ‘traditional’ legal historical research. Studying the encounter between ‘European’ international law and other continents rises our indispensable intercultural awareness. Yet, it should also serve to better understand the specificity of European legal thinking or diplomatic practice, and does not render research on the latter obsolete or redundant.


Beyond Texts? Towards a Material Turn in the Theory and History of International Law

2020 ◽  
pp. 1-35
Author(s):  
Daniel Ricardo Quiroga-Villamarín
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Legal Studies ◽  
Social Law ◽  
The Social ◽  
History Of ◽  
Material Turn ◽  
History Of International Law ◽  
Cambridge School

Abstract While the history of international law has been mainly dominated by intellectual history, the neighboring humanities and social sciences have witnessed a ‘material turn.’ Influenced by the new materialisms, historians, sociologists, and anthropologists have highlighted the role of objects and nonhuman infrastructures in the making of the social. Law, however, has been conspicuously absent from these discussions. Only until recently, things began to be studied as instruments of – global – regulation. In this article, I trace an intellectual history of the intellectual history of international law, contextualizing it since its inception in the so-called ‘Cambridge School’ to its spread into the legal field via the Critical Legal Studies movement and its final import into international law in the last two decades. I conclude arguing that international legal historians can depart from the ‘well-worn paths’ of intellectual and conceptual history to engage with the materiality (past, present, and future) of global governance.

Concluding Remarks. The Legacy of James Brown Scott and the Responsibilities of International Legal History

2019 ◽  
pp. 312-320
Author(s):  
Paolo Amorosa
Keyword(s):  
International Law ◽  
Legal History ◽  
Human Action ◽  
Historical Study ◽  
Political Actors ◽  
Close Analysis ◽  
The Social ◽  
History Of ◽  
History Of International Law

In the concluding remarks, I put forward some reflections on Scott’s legacy and the significance of his work to articulate a responsible approach to the history of international law today. The Spanish origin narrative resulted from Scott’s contingent choices, proving his agency in the reshaping of international legal history. A responsible self-understanding of the profession should acknowledge the relevance of individual and collective stances. As international lawyers we are situated political actors. Awareness of this condition should be reflected in the histories we write. Narratives of timeless principles or inevitable progress downplay the concrete role of human action in shaping of the reality we live in. The engaged and responsible historical study of international legal doctrines should instead put close analysis of practice, sociological aspects of the profession, and the social and political stakes lawyers face at its center.

The Problem

2017 ◽  
Author(s):  
Mats Alvesson ◽  
Yiannis Gabriel ◽  
Roland Paulsen
Keyword(s):  
Social Sciences ◽  
Academic Research ◽  
Social Scientists ◽  
Research Papers ◽  
Prestigious Journal ◽  
The Past ◽  
The Social ◽  
Academic Researchers ◽  
History Of ◽  
Wide Gap

This chapter introduces ‘the problem’ of meaningless research in the social sciences. Over the past twenty years there has been an enormous growth in research publications, but never before in the history of humanity have so many social scientists written so much to so little effect. Academic research in the social sciences is often inward looking, addressed to small tribes of fellow researchers, and its purpose in what is increasingly a game is that of getting published in a prestigious journal. A wide gap has emerged between the esoteric concerns of social science researchers and the pressing issues facing today’s societies. The chapter critiques the inaccessibility of the language used by academic researchers, and the formulaic qualities of most research papers, fostered by the demands of the publishing game. It calls for a radical move from research for the sake of publishing to research that has something meaningful to say.

The Renaissance of Roman Colonization

2020 ◽  
Keyword(s):  
International Law ◽  
Roman History ◽  
Italian Renaissance ◽  
Ancient Rome ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
Property Distribution ◽  
Carlo Sigonio ◽  
History Of ◽  
History Of International Law

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. Once antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3–84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyses the context, making, and impact of Sigonio’s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from visions of imperial reform and colonial independence in the nascent United States of America, to Enlightenment accounts of property distribution, culminating in a specific juridical strand in twentieth-century Roman historiography. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance until today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

Historical Overview of Qualitative Research in the Social Sciences

2020 ◽  
pp. 21-58
Author(s):  
Svend Brinkmann ◽  
Michael Hviid Jacobsen ◽  
Søren Kristiansen
Keyword(s):  
Social Sciences ◽  
Qualitative Research ◽  
Social History ◽  
Historical Overview ◽  
Conceptual History ◽  
The Social ◽  
History Of ◽  
Technological History

Qualitative research does not represent a monolithic, agreed-on approach to research but is a vibrant and contested field with many contradictions and different perspectives. To respect the multivoicedness of qualitative research, this chapter will approach its history in the plural—as a variety of histories. The chapter will work polyvocally and focus on six histories of qualitative research, which are sometimes overlapping, sometimes in conflict, and sometimes even incommensurable. They can be considered articulations of different discourses about the history of the field, which compete for researchers’ attention. The six histories are: (a) the conceptual history of qualitative research, (b) the internal history of qualitative research, (c) the marginalizing history of qualitative research, (d) the repressed history of qualitative research, (e) the social history of qualitative research, and (f) the technological history of qualitative research.

Women in science: from images to data

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Catherine Jami
Keyword(s):  
Social Sciences ◽  
Gender Gap ◽  
Women Scientists ◽  
Working Environment ◽  
Women In Science ◽  
Standing Committee ◽  
Family Responsibilities ◽  
Working Lives ◽  
The Social ◽  
History Of

Abstract In recent decades research in the social sciences, including in the history of science, has shown that women scientists continue to be depicted as exceptions to the rule that a normal scientist is a man. The underlying message is that being an outstanding scientist is incompatible with being an ordinary woman. From women scientists’ reported experiences, we learn that family responsibilities as well as sexism in their working environment are two major hindrances to their careers. This experience is now backed by statistical analysis, so that what used to be regarded as an individual problem for each woman of science can now be identified as a multi-layered social phenomenon, to be analysed and remedied as such. Over the last five years, international scientific unions have come together to address these issues, first through the Gender Gap in Science Project, and recently through the setting up of a Standing Committee for Gender Equality in Science (SCGES) whose task is to foster measures to reduce the barriers that women scientists have to surmount in their working lives.

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