[PDF] Rewriting The History Of The Law Of Nations eBook

Author : Paolo Amorosa
Publisher : Oxford University Press
Page : 368 pages
File Size : 20,65 MB
Release : 2019-09-25
Category : Law
ISBN : 0192589040

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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

Author : Charles Henry Alexandrowicz
Publisher : Oxford University Press
Page : 466 pages
File Size : 10,51 MB
Release : 2017
Category : History
ISBN : 0198766076

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The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

Author : Paolo Amorosa
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 26,55 MB
Release : 2019-09
Category : Law
ISBN : 0198849370

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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

Author : Henry Wheaton
Publisher :
Page : 822 pages
File Size : 26,38 MB
Release : 2015-06-30
Category : Law
ISBN : 9781330523964

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Excerpt from History of the Law of Nations in Europe and America, From the Earliest Times to the Treaty of Washington, 1842 This work was originally written and published in the French language as a Memoire in answer to the following prize question proposed by the Academy of Moral and Political Sciences in the Institute of France: "Quels sont les progres qu'a fait le droit des gens en Europe depuis la Paix de Westphalie?" In rendering it into our language the author has considerably enlarged the work, especially the introductory part relating to the history of the European law of nations previous to the peace of Westphalia. He has also subjoined a summary account of the international relations of the Ottoman Empire with the other European states, of the recent transactions relating to the interference of the great powers in the affairs of Greece and Egypt, and of the discussions between the United States and Great Britain, relating to the right of search as applicable to the African slave trade, terminated by the treaty of Washington in 1842. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.