Doctrinal Aspects of the Universality of the Law of Nations (1961)

Author(s):  
C. H. Alexandrowicz

The process of European consolidation can be traced back to the second half of the eighteenth century when some classic writers on the law of nations first conceived or pronounced the existence of a legally ‘organized’ European community of States. This regional conception has been contrasted with that of the universal and natural conception of the law of nations which found itself in juxtaposition with new trends, and the ensuing conflict between them raised the question of whether the positivist European reality was reconcilable with the idea of the universalism of the law of nations. Various answers have been offered to this question and some of the leading classical writers showed comparatively less understanding of its solution in the long run than some of the lesser-known writers. This chapter recalls their views and compares them with those expressed in the well-known treatises of the late eighteenth- and early nineteenth-century positivists.

Author(s):  
C. H. Alexandrowicz

The historian of international law attempting an inquiry into the law of recognition of States and governments during its formative stage, particularly into eighteenth-century sources, is bound to consult the first historical survey of the literature of the law of nations by D. H. L. Ompteda, published in 1785. Ompteda referred to problems of recognition under the general heading of the fundamental right of nations to freedom and independence. All the essays he mentioned as being directly or indirectly relevant to problems of recognition of new States or rulers were written by comparatively unknown authors. Among them, Justi and Steck were perhaps the most active participants in the first attempts to formulate a theory of recognition. This chapter considers these early attempts, in particular the direct influence of Justi and Steck on Martens and Klueber, and through them on Henry Wheaton and some of the early nineteenth-century writers.


2021 ◽  
pp. 1-19
Author(s):  
Cynthia Roman

Abstract Focusing on A smoking club (1793/7) by James Gillray, this essay presents satiric representations of smoking clubs in late eighteenth- and early nineteenth-century British prints, arguing that they reflect and mediate contemporary understandings of tobacco as an intoxicant in British associational life. The breadth of potential cultural connotations – from political and social parody to light-hearted humour – is traced through the content and imagery of selected prints. These prints rely on the familiarity of contemporary audiences with political and social knowledge, as well as a visual iconography iconically realized in William Hogarth's A midnight modern conversation (1732).


2021 ◽  
Vol 73 (3) ◽  
pp. 255-269
Author(s):  
Waïl S. Hassan

Abstract According to a well-known narrative, the concept of Weltliteratur and its academic correlative, the discipline of comparative literature, originated in Germany and France in the early nineteenth century, influenced by the spread of scientism and nationalism. But there is another genesis story that begins in the late eighteenth century in Spain and Italy, countries with histories entangled with the Arab presence in Europe during the medieval period. Emphasizing the role of Arabic in the formation of European literatures, Juan Andrés wrote the first comparative history of “all literature,” before the concepts of Weltliteratur and comparative literature gained currency. The divergence of the two genesis stories is the result of competing geopolitical interests, which determine which literatures enter into the sphere of comparison, on what terms, within which paradigms, and under what ideological and discursive conditions.


2017 ◽  
Vol 10 (2) ◽  
pp. 129-157 ◽  
Author(s):  
Naofumi Abe

Abstract The middle of the eighteenth century reportedly witnessed the emergence of the new literary movement in Persian poetry, called the “bāzgasht-e adabi,” or literary return, which rejected the seventeenth-century mainstream Indian or tāza-guʾi style. This literary movement recently merits increased attention from many scholars who are interested in wider Persianate cultures. This article explores the reception of this movement in late eighteenth- and early nineteenth-century Iran and the role played by the Qajar royal court in it, mainly by the analysis of a specific sub-genre of tazkeras, called “royal-commissioned tazkeras,” which were produced from the reign of the second Qajar monarch Fath-ʿAli Shāh onward. A main focus will be on the reciprocal relationship between the court poets/literati and the shah, which presumably somehow affected our understanding of Persian literature today.


1996 ◽  
Vol 9 (4) ◽  
pp. 541-553
Author(s):  
Alexandre Métraux

Jean-Baptiste Lamarck (1744–1829) was a prolific writer, a multifaceted naturalist, and a zoologist by second profession. Throughout his adult life he lived up to his passion of politely contributing to the advancement of natural philosophy by publishing more than 30,000 pages, probably too much for even the most scrupulous (and persevering) historians of science who seek to reconstruct his theories and to shed some light on the role he played in late eighteenth-century and early nineteenth-century biology.


2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Maureen Perrie

This article is devoted to an Old Believer work about Peter the Great, known as A Compilation from Holy Scripture about the Antichrist, which was first published in 1861. Some scholars have suggested that the work dates back to Peter’s reign, when many traditionally minded Orthodox Christians regarded the tsar as the Antichrist. The author of this article argues, however, that the work dates from the early nineteenth century, and that the case it makes for Peter’s identity as Antichrist is based primarily on tales about the tsar which were published in the late eighteenth century. On the basis of anecdotes about Peter’s conception, for example, the author of the Compilation drew a comparison with the Annunciation, the Epiphany, and the Feast of the Circumcision, to demonstrate a sacrilegious parallel between Peter’s biography and that of Christ, which “proved” that Peter was the Antichrist. The Compilation also cites works which seem to blasphemously suggest that Peter was God incarnate, in order to argue that the tsar was the embodiment not of God, but of Satan. Finally, when one work praised Catherine the Great for representing “the spirit of Peter the Great”, the compiler concluded that the spirit of all subsequent Russian rulers was also the spirit of Peter, that is, the spirit of the Antichrist. This is an idiosyncratic version of the argument made in the late eighteenth century by Evfimii, the founder of the Old Believer sect of the beguny, that Peter had founded a dynasty of Antichrists, and that all “true Christians” should flee from his realm. The distinguished Russian scholars Viktor Zhivov and Boris Uspenskii have argued that the metaphorical sacralisation of the monarch, in secular eighteenth-century panegyrics, was interpreted literally by some Old Believers and contributed to their identification of Peter as the Antichrist. The author of this article suggests that a similar role was played by more popular works such as the collections of anecdotes which presented the tsar as a God-like figure.


Author(s):  
Louis E. Fenech

This chapter begins with a summary of the early- to mid-eighteenth-century historical context, which was marked by a decline in the power and authority of the Mughal court and the gradual rise of Sikh power in the Punjab. It then moves on to examine the formation of the Panj Piare construct in the context of the rise of various armed ascetic movements in the late eighteenth century, many of which competed for resources with the various Khalsa Sikhs of the period. It ends by examining the origin story of the Five Beloved in early-nineteenth-century Sikh texts such as Gur-panth Prakāś, Siṅgh Sāgar, and the Sūraj Prakāś.


Grotiana ◽  
2010 ◽  
Vol 31 (1) ◽  
pp. 141-164 ◽  
Author(s):  
Isaac Nakhimovsky

AbstractThis article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, as well as an architect and defender of those very barriers. Neither of these opposing readings is corroborated by late-eighteenth-century commentators on Vattel's treatise. To its late-eighteenth-century critics and defenders alike, Vattel's Law of Nations was distinguished by the weakness of its derivation of the law of nations from principles of natural law. Insofar as these readers did link Vattel to justifications of relatively unrestrained forms of warfare, they did so in connection with the perceived weakness of Vattel's moral position rather than with its strength. This late-eighteenth-century consensus on the defining features of Vattel's approach to the law of nations sits uncomfortably with Schmitt's evaluative framework, and indeed with other assessments of Vattel that limit themselves to orienting his treatise along fault lines in the historiography of international law.


Sign in / Sign up

Export Citation Format

Share Document