Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

Author(s):  
Lesaffer Randall

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

Author(s):  
Daniel Ricardo Quiroga-Villamarín

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.


Author(s):  
C. H. Alexandrowicz

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.


2020 ◽  
Vol 75 (2) ◽  
pp. 135-150
Author(s):  
Kira L Robison

Abstract The anatomical textbook in the late Middle Ages was one part of a greater pedagogical process that involved students’ seeing, hearing, reading, and eventually knowing information about the human body. By examining the role of the anatomical textbook and accompanying bodily images in anatomical learning, this article illuminates the complexity and self-consciousness of anatomical education in the medieval university, as professors focused on ways to enhance student memory of the material. Traditionally, the history of anatomy has been heavily influenced by the anatomical Renaissance of the late-sixteenth century, highlighting a focus on innovative medical knowledge and the scientific method. However, if we engage a pedagogical lens when looking at these medieval authors, it becomes quickly obvious that the whole point of university medicine was not to explore unknown boundaries and discover new ideas of medicine, but rather to communicate the current and established body of knowledge to those not familiar with it.


2015 ◽  
Vol 28 (3) ◽  
pp. 419-440 ◽  
Author(s):  
IGNACIO DE LA RASILLA DEL MORAL

AbstractBoth state-centrism and Eurocentrism are under challenge in international law today. This article argues that this double challenge is mirrored back into the study of the history of international law. It examines the effects of the rise of positivism as a method of norm-identification and the role of methodological nationalism upon the study of the history of international law in the modern foundational period of international law. It extends this by examining how this bequeathed a double exclusionary bias regarding time and space to the study of the history of international law as well as a reiterative focus on a series of canonical events and authors to the exclusion of others such as those related to the Islamic history of international law. It then analyses why this state of historiographical affairs is changing, highlighting intra-disciplinary developments within the field of the history of international law and the effects that the ‘international turn in the writing of history’ is having on the writing of a new history of international law for a global age. It concludes with a reflection on some of the tasks ahead, providing a series of historiographical signposts for the history of international law as a field of new research.


2019 ◽  
Vol 4 (1) ◽  
pp. 166
Author(s):  
Ana María Velasco Molpeceres

Resumen. El objetivo de este trabajo es el estudio del rol de las primeras autoras de España. La lista de escritoras que desarrollaron una obra que fue publicada, leída y admirada (así como también cuestionada) es extensa; pero sus nombres han caído en el olvido. Entre la Antigüedad y el siglo XVI, las mujeres de letras desafiaron las convenciones asociadas a su sexo aunque también se inscribieron en una nueva sociedad que permitió su admiración, a menudo desde el escepticismo. Este texto pretende recuperar a estas escritoras marginales, en el pasado y sobre todo en el presente. Para ello se propone hacer un recorrido biobibliográfico por las primeras autoras españolas y un análisis del contexto histórico en que desarrollaron su labor. Acercarse a las mujeres autoras es un tema interesante porque tradicionalmente, e in­cluso hoy, se ha cuestionado la capacidad intelectual femenina. Pero el debate sobre el papel de la mujer en la sociedad y acerca de su educación viene igualmente de lejos. En particular, desde la Baja Edad Media, un nuevo sentir cristiano que fomenta la devoción mariana y la cultura de los trovadores y el amor cortés abrieron nuevos caminos para las féminas. El objetivo de este trabajo es estudiar estos fenómenos, y sus ejemplos más destacados, en la España cristiana.Palabras clave: Escritoras, España, Historia de las mujeres, Historia de la literatura.Abstract. The aim of this work is to study the role of Spain’s first female authors. The list of writers who developed a work that was published, read and admired (as well as questioned) is extensive; but their names have fallen into oblivion. Between Antiquity and the 16th century, women of letters defied the conventions associated with their sex although they also joined a new society that allowed their admiration, often from skepticism. This text tries to recover these marginal writers, in the past and especially in the present. In order to do so, it is pro­posed to make a biobibliographical journey through the first Spanish authors and an analysis of the historical context in which they developed their work. Approaching women authors is an interesting subject because traditionally, and even today, the intellectual capacity of women has been questioned. But the debate about the role of women in society and about their educa­tion also comes from afar. In particular, since the Late Middle Ages, a new Christian sentiment that fosters Marian devotion and the culture of troubadours and courteous love opened new paths for women. The aim of this work is to study these phenomena, and their most prominent examples, in Christian Spain.Keywords: Women writers, Spain, History of women, History of literature.


Author(s):  
Stephen C Neff

This chapter presents a brief history of international law. It proceeds chronologically, beginning with an overview of the ancient world, followed by a more detailed discussion of the great era of natural law in the European Middle Ages. The classical period (1600–1815) witnessed the emergence of a dualistic view of international law, with the law of nature and the law of nations co-existing (more or less amicably). In the nineteenth century—the least-known part of international law—doctrinaire positivism was the prevailing viewpoint, though not the exclusive one. For the inter-war years, developments both inside and outside the League of Nations are considered. The chapter concludes with some historically oriented comments on international law during the post-1945 period.


2016 ◽  
Vol 15 (6) ◽  
pp. 660-661
Author(s):  
Raffaele Pisano

A long tradition concerning the causes of the planetary movements existed as to the movements on the earth: the so called problem de motu locali. Starting from late middle Ages many criticisms were carried out against the Aristotelian doctrine of natural and violent motions. A well accredited and historically coherent theory to explain the movement and the change of movement was the medieval theory of impetus substantially developed by Jean Buridan (ca. 1300–ca. 1360) and by Nicolas d’Oresme (1320? 1325?–1382) on the basis of ideas that came back to John Philoponus (490–570).


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