Rewriting Histories of the Use of Force

2021 ◽  
Author(s):  
Agatha Verdebout

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

Author(s):  
Hendrik Simon

Hendrik Simon follows up on Anuschka Tischer’s analysis of European justifications of war. He turns to transformation of this discourse’s vocabulary in the context of the nineteenth century: to this day, most textbooks on the history of international law and international relations contain the proposition that European states held a sovereign right to go to war (liberum ius ad bellum) in the nineteenth-century international order. The latter is still understood as an anarchic mirror image of the modern international order, which (supposedly) emerged in the first half of the twentieth century. This assumption is challenged in this chapter: by outlining a genealogy of modern war justifications, starting with the French Revolutionary Wars, Hendrik Simon seeks to deconstruct liberum ius ad bellum as a myth which emanated from the realist and liberal narratives of the emergence of the modern international order. The fundamental argument is that the ‘long’ nineteenth century is not the anarchic converse of the modern discourse on war and international order—but its epoch of birth.


2018 ◽  
Vol 10 (3) ◽  
pp. 312-330 ◽  
Author(s):  
Chinmay Tumbe ◽  
Shashank Krishnakumar

Purpose This paper aims to understand the factors affecting the evolution of retailing in India since the mid-nineteenth century. Design/methodology/approach This paper compares the trajectories of four distinct retail stores in India – Spencer’s pan-Indian retailing empire since 1863, Akbarallys’ department store chain in Mumbai since 1897, Apna Bazar’s consumer cooperative chain in Mumbai since 1948 and the Future Group’s pan-Indian retailing chain since the 1980s. Historical sources include firm biographies and newspaper archives. Findings This paper proposes a systems theory linking environmental influences and service innovation, to explain the evolution of retailing in India since the mid-nineteenth century. The key environmental influence on retailing has been state patronage – colonialism and high-end department stores until the 1940s, socialism and cooperative stores until the 1980s and liberalisation with restricted foreign direct investment in retailing until 2015 associated with indigenous corporate large retail format stores. Service innovation in terms of home delivery and recreation of the bazaar atmosphere due to norms on gender and community have also interacted to shape individual success in modern retailing and the dominance of small shop retailing over the long run. Research limitations/implications This paper questions standard accounts of retailing history in India that began with the late-twentieth century by showing the scale of a pan-Indian retailing chain in the early-twentieth century. It also provides an account of retailers that is missing in the current literature on the history of consumption in India. Practical implications Findings of this study will be useful to marketing professionals and teachers who wish to learn more about the history of retailing in India. It also shows how retailers navigated changes in the regulatory and business environment. Originality/value Through a comparative study, this paper outlines the environmental influences on retail formats and service innovation strategies that are required to serve the Indian market. It also brings to fore the significance of retailing chains in colonial India.


Author(s):  
Patrick W. Carey

This chapter delineates the ways in which the nineteenth-century emphasis on auricular confession continued into the twentieth century. Evidence from published sermons indicates that sermons were a major means for promoting confession as a regular spiritual exercise. Periodicals dedicated almost exclusively to priests and seminary moral manuals, too, focused on promoting the benefits of frequent devotional confessions. During these decades, moreover, a reform movement arose that called for a reexamination of the theology, practice, and history of confession. That reform movement was a return (a ressourcement) to the liturgical, biblical, catechetical, and historical sources of penance, and it called for a restoration of dimensions of the sacrament of penance that had in the course of history been lost or forgotten—namely, a revival of penance as a sacrament of reconciliation and worship that underlined the social and ecclesial dimensions of sin and forgiveness.


Author(s):  
Simon Chesterman

This chapter traces the broad history of Asia’s engagement with international law, focusing on three aspects that continue to have resonance today. First is the experience of colonialism by India and many other countries across the continent. Second, the unequal treaties of the nineteenth century and the failure to recognize the People’s Republic of China for much of the twentieth century encouraged a perception that international law was primarily an instrument of political power. Third, the trials that followed World War II left a legacy of suspicion that international law deals only selectively with alleged misconduct, leaving unresolved many of the larger political challenges of that conflict with ongoing ramifications today. The chapter then argues that Asian states’ ongoing ambivalence towards international law and institutions can also be attributed to the diversity of the region, power disparities among states, and the absence of ‘push’ factors driving greater integration.


Author(s):  
J.F.R. Boddens Hosang

This section provides an overall introduction to the book, explaining the methodology of studying rules of engagement in the context of (international) law. The book adopts the perspective of military and law enforcement personnel on the actual application of the use of force in military operations and in law enforcement. On these bases, the focus is principally directed at the rules on the use of force issued to such personnel in order to carry out their tasks, while their analyses and interpretations were directed at those rules themselves as the principal source of authorizations and restrictions on the use of force in the conduct of their operations. Furthermore, the chapter provides a historical overview of how rules of engagement have developed from ancient times to the present, with a particular focus on how they have been affected by the conflicts of the twentieth century onwards.


Lituanistica ◽  
2021 ◽  
Vol 67 (3) ◽  
Author(s):  
Titas Krutulys

In Lithuania, the first half of the twentieth century was the beginning of the Lithuanian scholarly journals. Lithuanian humanities and social sciences, which were held in high esteem by Lithuanian society, were making efforts to reflect both the development of science and research in the country’s scientific past and to shed light on some of past events in Lithuania. History, therefore, was an important topic in first scholarly journals. This article is focused on historical texts (articles, reviews, bibliographies, publications of historical sources) in twenty different Lithuanian scholarly journals on history, language, literature, philosophy, religion, ethnology, economics, law, and some other disciplines from 1907 to 1941. The article starts with the first Lithuanian scholarly journal Lietuvių tauta and ends with the last historical journal of the interwar period released during the Second World War. It analyses all general sets of texts in the journals. This quantitative research attempts to show the frequency of historical texts in the scientific periodical press, the most common types of texts, the frequency of the publication of these texts during the analysed period, and the type of history (local or foreign) that was more important for each of the journals or serial publications. In addition, this article points to the historical themes and historical periods that used to recur most frequently and to the countries that were represented in historical texts. The results of the survey show that approximately 49% of all the articles in the surveyed periodical press could be described as historical: such texts comprised from 21 to 100% of all texts in each of the academic journals The most common type of such texts was the historical article (at least 70% of all texts), followed by the review and the publication of historical sources. The largest number of historical texts was published in the second half of the 1930s and the lowest in the period of 1900s to 1910s and in the second half of the 1920s. The history of Lithuania was represented in 60% of all texts and foreign history in 48% of them. Eight out of 20 analysed scholarly journals demonstrated preference for foreign history rather than local. The most common was the history of Germany, France, Russia, Italy, Poland, England, and the Baltic countries. The most common themes of historical texts in the scholarly periodical press were biographies, social, cultural, and political history. Historical themes were mostly related to different interests of sciences and there were huge differences between these groups. The survey also shows that although Lithuanian medieval history was much less important to almost all scholarly periodical press, it was interesting to the general public, and that some nineteenth-century Lithuanian historical events received more attention. The nineteenth century and the early twentieth century were the most analysed historical periods, but some journals were predominantly interested in ancient history. Some historical and language-related periodicals focused on the medieval and early modern history of Lithuania.


1982 ◽  
Vol 12 (1) ◽  
pp. 17-24 ◽  
Author(s):  
Erwin H. Ackerknecht

SynopsisPsychosomatic medicine begins with the Greeks. It finds a place in Galen's system as diseases of passion, a concept current until the middle of the nineteenth century. The great French and German clinicians of the nineteenth century were all familiar with psychosomatic diseases. During the twentieth century the field was for a while monopolized by psychoanalysts. The psychosomatic specialist is essentially the doctor who listens to the patient.


The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. The book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present. It comprises contributions from International Law, History and International Relations and from Western and non-Western perspectives.


1924 ◽  
Vol 18 (2) ◽  
pp. 246-259 ◽  
Author(s):  
Baron S. A. Korff

For a long time writers on international law took it for granted that the subject of their studies was a relatively recent product of modern civilization, and that the ancient world did not know any system of international law. If we go back to the literature of the nineteenth century, we can find a certain feeling of pride among internationalists that international law was one of the best fruits of our civilization and that it was a system which distinguished us from the ancient barbarians. Some of these writers paid special attention to this question of origins and endeavored to explain why the ancient world never could have had any international law.


Balcanica ◽  
2004 ◽  
pp. 91-158
Author(s):  
Milos Lukovic

With the partitioning in 1373 of the domain of Nikola Altomanovic, a Serbian feudal lord, the old political core of the Serbian heartland was shattered and the feudal Bosnian state considerably extended to the east. The region was crossed by the Tara river, mostly along the southeast-northwest "Dinaric course". Although the line along which Altomanovic?s domain was partitioned has been discussed on several occasions and over a comparatively long period, analyses show that the identification of its section south of the Tara is still burdened by a number of unanswered questions, which are the topic of this paper. An accurate identification of this historical boundary is of interest not only to historiography, but also to archaeology ethnology, philology (the history of language and dialectology in particular) and other related disciplines. The charters of Alphonse V and Friedrich III concerning the domain of herceg Stefan Vukcic Kosaca, and other historical sources relating to the estates of the Kosaca cannot reliably con?rm that the zupa of Moraca belonged to the Kosaca domain. The castrum Moratsky and the civitate Morachij from the two charters stand for the fortress near the village of Gornje Morakovo in the zupa of Niksic known as Mrakovac in the nineteenth century, and as Jerinin Grad/Jerina?s Castle in recent times. The zupa of Moraca, as well as the neighbouring Zupa of Brskovo in the Tara river valley, belonged to the domain of the Brankovic from the moment the territory of zupan Nikola Altomanovic was partitioned until 1455, when the Turks ?nally conquered the region thereby ending the 60-year period of dual, Serbian-Turkish, rule. Out of the domain of the Brankovic the Turks created two temporary territorial units: Krajiste of Issa-bey Ishakovic and the Vlk district (the latter subsequently became the san?ak of Vucitrn). The zupa of Moraca became part of Issa-bey Ishakovic?s domain, and was registered as such, although the fact is more di?cult to see from the surviving Turkish cadastral record. The zupa of Moraca did not belong to the vilayet of Hersek, originally established by the Turks within their temporary vilayet system after most of the Kosaca domain had been seized. It was only with the establishing of the San?ak of Herzegovina that three nahiyes which formerly constituted the Zupa of Moraca (Donja/Lower Moraca, Gornja/Upper Moraca and Rovci) were detached from Issa-bey?s territory and included into the San?ak of Hercegovina. It was then that they were registered as part of that San?ak and began to be regarded as being part of Herzegovina.


Sign in / Sign up

Export Citation Format

Share Document