scholarly journals Some Remarks on the Eurocentricism and Imperialism in the Construction of International Law

2020 ◽  
pp. 95-111
Author(s):  
Punsara AMARASINGHE
Keyword(s):  
International Law ◽  
19Th Century ◽  
Vantage Point ◽  
European History ◽  
The Political ◽  
Modern History ◽  
Colonial Expansion ◽  
History Of ◽  
History Of International Law ◽  
The 19Th Century

The modern international law is considered an offshoot of European intellectual contributions as its basic foundation is deeply imbued with the political and social upheavals took place in European history. As an example, the Westphalian order emerged in the culmination of thirty years war in 1648 was regarded as the most pivotal mile stone in modern history of international law. Yet the European domination and its intellectual contribution to the development of international law systematically excluded non-European nations from international law and its protection, which finally paved the path to use international law in the 19th century as a tool of legitimizing the colonial expansion. This paper seeks to trace the historiography of modern international law and its dubious nature of disdaining non-Europeans and their civilizational thinking. Furthermore, this paper argues how European historical encounters carved the map of international law from a vantage point, which gave an utter prominence upon the European intellectual monopoly. The results emerge from this paper will strongly suggest the need of an alternative scholarship to unveil the history of international law.

History of International Law and Western Civilization

2007 ◽  
Vol 9 (4) ◽  
pp. 353-373 ◽  
Author(s):  
Gustavo Gozzi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Ottoman Empire ◽  
19Th Century ◽  
Political Systems ◽  
World War ◽  
History Of ◽  
China And Japan ◽  
History Of International Law ◽  
The 19Th Century

AbstractThis paper discusses the origins 19th-century international law through the works of such scholars as Bluntschli, Lorimer, and Westlake, and then traces out its development into the 20th century. Nineteenth-century international law was forged entirely in Europe: it was the expression of a European consciousness and culture, and was geographically located within the community of European peoples, which meant a community of Christian, and hence "civilized," peoples. It was only toward the end of the 19th century that an international law emerged as the expression of a "global society," when the Ottoman Empire, China, and Japan found themselves forced to enter the regional international society revolving around Europe. Still, these nations stood on an unequal footing, forming a system based on colonial relations of domination. This changed in the post–World War II period, when a larger community of nations developed that was not based on European dominance. This led to the extended world society we have today, made up of political systems profoundly different from one another because based on culture-specific concepts. So in order for a system to qualify as universal, it must now draw not only on Western but also on non-Western forms, legacies, and concepts.

Topical aspects of the formation and development of surgery

2021 ◽  
pp. 65-73
Author(s):  
Lyudmila Ilyinichna Kaspruk
Keyword(s):  
History Of Medicine ◽  
19Th Century ◽  
Predictive Analysis ◽  
Modern History ◽  
Great Contribution ◽  
Scientific Analysis ◽  
History Of ◽  
The 19Th Century

The conducted research of the formation and development of surgery until the 19th century revealed that the accumulated experience in the development of surgery in the studies of Russian and foreign authors is relevant in the historical, methodological and organizational aspects. In the modern history of medicine and surgery, a significant segment is occupied by scientific analysis, which makes it possible to recognize the inner essence and connection of processes and phenomena in the formation and development of surgery, to understand the driving and controlling mechanisms. The identification of patterns and trends in the development of surgery, as well as the establishment of grounds for predictive analysis, must be implemented in further research in the history of medicine and surgery. Many medical workers who made a great contribution to the formation of Soviet surgery began their career in medicine directly as zemsky doctors. Zemsky surgery had a significant impact on the development of domestic medicine.

The Battle of Maiwand and the Taliban’s Tarani

2019 ◽  
Vol 23 (3) ◽  
pp. 233-247
Author(s):  
Roshan Noorzai
Keyword(s):  
Discourse Analysis ◽  
19Th Century ◽  
September 11 ◽  
Past Experience ◽  
Modern History ◽  
Historical Events ◽  
History Of ◽  
Post September 11 ◽  
Peacekeeping Missions ◽  
The 19Th Century

This study analyzes the post-September 11 Taliban’s discourse, exploring particularly the sujet of the battle of Maiwand (July 27, 1880) in the Taliban’s tarani (pl. of tarana “chant, song”). After providing a brief history of the post-September 11 conflict in Afghanistan, the paper examines Afghanistan’s experience of colonialism in the 19th century by discussing the Anglo-Afghan wars, with a focus on the battle of Maiwand and its importance in the modern history of Afghanistan. This study takes a postcolonial and postmodernist approach to discourse analysis. Using a postmodernist approach, the author tried to understand how the Taliban saw the post-September 11, 2001 conflict, and how they legitimized their actions. This study concludes that the Taliban used Afghanistan’s past experience of colonialism in their discourse. In fact, they refer to the historical events and personalities, those led resistance against colonial powers in the 19th century, for propaganda purposes. In addition, the paper shows that the colonial past is an important factor in the success or failure of interventions and peacekeeping missions, particularly in Afghanistan.

The political and legal views of Mikhail Speranskiy in the Rules on the Siberian Kirghiz

2016 ◽  
Vol 84 (1-2) ◽  
pp. 290-312 ◽  
Author(s):  
Roman Yu. Pochekaev
Keyword(s):  
19Th Century ◽  
Practical Importance ◽  
The Political ◽  
Substantial Part ◽  
Government Reform ◽  
Administrative Reforms ◽  
History Of ◽  
The Government ◽  
Regional Authorities ◽  
The 19Th Century

Mikhail Speranskiy, an outstanding Russian statesman and legislator of the first half of the 19th century, was Governor-General of Siberia from 1819 to 1821. The main result of this moment in his career was the government reform in Asiatic Russia as well as the formulation in 1822 of a set of codes – rules and regulations – for Siberia and its peoples. Speranskiy tried to incorporate his theories on state and law into these codifications. One of these codes was the Rules on the Siberian Kirghiz which provided for a reform of the government system of the Kazakhs (‘Kirghiz’ in the Russian pre-revolutionary tradition) of the Middle Horde, who were under the control of Siberian regional authorities. The Middle Horde became a place where Speranskiy could experiment with his ideas. Previous researchers have paid more attention to the consequences of the promulgation of the ‘Rules on the Siberian Kirghiz’ for the later history of Kazakhstan. This paper clarifies which specific ideas of Speranskiy on state and law the Rules on the Siberian Kirghiz reflect, and answers the question of whether they had practical importance. A substantial part of the ‘Rules on the Siberian Kirghiz’ was, in fact, ineffective and would not be used in practice because of Speranskiy’s lack of knowledge of the Kazakhs, and his underrating of their political and legal level. At the same time, the authority of Speranskiy in 19th century Russia as legislator and reformer was so high that his Rules on the Siberian Kirghiz remained in force until the 1860’s, when the next substantial administrative reforms of the Kazakh steppe took place.


scholarly journals Theorising Order in the Shadow of War. The Politics of International Legal Knowledge and the Justification of Force in Modernity

2020 ◽  
Vol 22 (2-3) ◽  
pp. 218-245
Author(s):  
Hendrik Simon
Keyword(s):  
International Law ◽  
The Other ◽  
The Political ◽  
Law And Politics ◽  
State Practice ◽  
Long Time ◽  
History Of ◽  
History Of International Law ◽  
Modern War ◽  
War Discourse

Abstract The History of International Law lacks systematic studies on the link between legal scholars and practices of justifying war. This missing analytical link has for a long time given the impression that legal scholars describe ‘state practice’ in an ‘objective’, unpolitical way. Contradicting this impression, the article turns to the politics of legal scholars in the genesis of the modern war discourse. It reflects on the fateful entanglement of violence, law and politics, but nevertheless distinguishes between ‘objective’ and ‘political’ scholarship on the basis of Hans Kelsen’s work. Furthermore, the article illustrates the politicisability of legal scholars in selected historical cases of the ‘long 19th century’ (1789–1918). In all cases, two hearts pounded in lawyers’ chests: one scientific, the other political. As will be shown, the modern war discourse is shaped by a phenomenon that enables scholars to expand the intrinsic limits to the political instrumentalisation of law: ‘multi-normativity’.

The Ottoman Empire and International Law

2021 ◽  
Keyword(s):  
International Law ◽  
Ottoman Empire ◽  
Balance Of Power ◽  
Holy War ◽  
Full Member ◽  
Legal Studies ◽  
Fresh Perspective ◽  
History Of ◽  
History Of International Law ◽  
The 19Th Century

The Ottoman Empire has long been a marginal subject in both the history and theory of international law. With the imperial turn in historiography and the postcolonial turn to history in legal studies, researchers challenge the stereotype of “the Sick Man of Europe,” paying due attention to the Ottomans’ own understanding of international law and society. Most importantly, throughout its centuries-long existence, the Ottoman Empire did not find itself vis-à-vis a monolithic, stable, and ready-made set of rules and ideas we today refer to as international law. On the contrary, interactions with the Ottomans—the Other par excellence for Christian Europe—helped transform droit public européen into modern international law. Neither the Islamic nor the Christian precepts predetermined this course of events. “Islamic” explanation was of little help in understanding the Ottomans’ relationship with the European powers. Notwithstanding the Islamic ideal of Holy War, the Ottoman Empire was among the key actors in the European balance of power. In the 19th century, however, Europeans increasingly established discrimination against Muslim Ottomans as a rule in international law, rarely perceiving their desire to be a full member of international society. Overall, the Ottoman Empire offers a fresh perspective for a truly universal history of international law.

Surgery

2018 ◽  
pp. 77-100
Author(s):  
Philip A. Mackowiak
Keyword(s):  
General Anesthesia ◽  
19Th Century ◽  
Caesarian Section ◽  
Ancient World ◽  
Modern History ◽  
Surgical Practice ◽  
Surgical History ◽  
History Of ◽  
Carbolic Acid ◽  
The 19Th Century

Although surgery’s history is nearly as old as the human species, the practice as we know it today did not exist before the 19th century C.E. Chapter 4 (“Surgery”) transports the reader through art across 40,000 years of surgical history, stretching from trephination performed during the Cro-Magnon era to the miraculous transplant surgeries of today. Concepts covered by the artworks include barber-surgeons, “laudable pus,” carbolic acid-decontamination of operative fields, the ancient origin of general anesthesia, antiseptic surgical practice, the control of puerperal fever, Caesarian section, and surgical subspecialists in the ancient world. These are accompanied by portraits of some of the greatest figures in the pre-modern history of surgery, including Joseph Lister, William T. Morton, Samuel T. Gross, and Ignaz Semmelweis.

The Authority of Vattel

1913 ◽  
Vol 7 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
International Relations ◽  
International Law ◽  
The Political ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Political Philosopher

There is no more significant commentary on the growth of international law, both in precision and in comprehensiveness, than an estimate of the relative authority of the name of Vattel in the world of international relations a century ago and in that of today. A century ago not even the name of Grotius himself was more potent in its influence upon questions relating to international law than that of Vattel. Vattel's treatise on the law of nations was quoted by judicial tribunals, in speeches before legislative assemblies, and in the decrees and correspondence of executive officials. It was the manual of the student, the reference work of the statesman, and the text from which the political philosopher drew inspiration. Publicists considered it sufficient to cite the authority of Vattel to justify and give conclusiveness and force to statements as to the proper conduct of a state in its international relations.At the present day the name and treatise of Vattel have both passed into the remoter field of the history of international law. It is safe to say that in no modern controversy over the existence and force of an alleged rule of international law would publicists seek to strengthen the position taken by them by quoting the authority of Vattel. As an exposition of the law of nations at a given period of its growth, the work can, it is true, lose nothing of its value, but in saying that it has thus won its place irrevocably among the classics of international law, we are merely repeating that it has lost its value as a treatise on the law of the present day.

scholarly journals Rangifer and human interests

Rangifer ◽  
2000 ◽  
Vol 20 (2-3) ◽  
pp. 153 ◽  
Author(s):  
David G. Anderson
Keyword(s):  
Indigenous People ◽  
19Th Century ◽  
Human Action ◽  
Russian Language ◽  
The Political ◽  
Social Scientists ◽  
Human Interest ◽  
Political Conflicts ◽  
History Of ◽  
The 19Th Century

This article reviews biological and anthropological literatute on wild and tame Rangifer to demonstrate the powerful effect that this species has had on the imaginations of biologists, social scientists and local hunters. Through identifying a general 'human interest' in Rangifer, the author argues that there is great potential for these three communities to work together. To demonstrate this idea, the paper reviews several examples of successful and unsuccessful 'alliances' between local peoples and both natural and social scientists which have had a fundamental impact upon the history of these sciences. The paper examines recent theorerical models which suggest that human action is a major factor in the behaviour and ecology of the animals. The paper also analyses the ideas of many indigenous people for whom there is no categorical difference between semi-domesticated, semi-sedentary and migratory Rangifer through comparison with many 'anomalous' texts in English and Russian language wildlife biology. By reviewing the history of scholarly interest in Rangifer, the author argues that contemporary models of Rangifer behaviour and identity could be 'revitalised' and 'recalibrated' through the establishment of that dialogue between scientists and local peoples which so characterised the 19th century. Such a dialogue, it is argued, would help mediate many of the political conflicts now appearing in those districts where Rangifer migrate.

scholarly journals The Romanian-Finnish Cultural Relations: History, Trends, Bibliography

2009 ◽  
Vol 1 (1) ◽  
pp. 112-127
Author(s):  
Alexandru Popescu
Keyword(s):  
19Th Century ◽  
The Political ◽  
Cultural Relations ◽  
Scientific Interest ◽  
Political Relations ◽  
History Of ◽  
Selective Bibliography ◽  
The 19Th Century

The scientific interest for the study of the Romanian-Finnish relations considerably increased during the last years. Within this trend, this article focuses on the Romanian-Finnish cultural relations and briefly presents the most important events and moments in the history of these relations, from the 19th century to the present. It also includes a selective bibliography on the Romanian-Finnish cultural relations, with works published both in Finland and Romania. The article stresses the need for further research in the field of Romanian-Finnish cultural relations, noticing that when the quality of the political relations was negatively affected by different historical circumstances, the cultural contacts have been maintained and even developed.

Sign in / Sign up

Export Citation Format

Share Document