Part IV Debates, Ch.44 Religion, Secularism, and International Law

This chapter explores the inseparable nature of the relationship between religion—more specifically, Christianity—secularism and international law. As the history of international law itself reveals, its inauguration as a liberal profession depended on a group of men who shared a particular universal intuition and cultural agenda that mirrored their western Christian European and cosmopolitan backgrounds at the end of the nineteenth century. Thus, the chapter scrutinizes the Catholic School of Salamanca as a case study that mirrors how Christianity—Catholic missionarism more accurately — became an integral part of international law to date, focusing on how and why the Salamancans’ specific re-configuration of the public/private has become a resilient and persistent formula to this day.

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

The American Journal of International Law ◽

10.1017/ajil.2018.84 ◽

2018 ◽

Vol 112 (4) ◽

pp. 553-582 ◽

Cited By ~ 2

Author(s):

Boyd van Dijk

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Geneva Conventions ◽

History Of ◽

The 1960S ◽

The Relationship ◽

Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

An Introduction to the History of International Law

The American Journal of International Law ◽

10.2307/2188393 ◽

1924 ◽

Vol 18 (2) ◽

pp. 246-259 ◽

Cited By ~ 2

Author(s):

Baron S. A. Korff

Keyword(s):

Nineteenth Century ◽

International Law ◽

Ancient World ◽

Long Time ◽

History Of ◽

The Subject ◽

History Of International Law

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.

Anarchy over Law? Towards a Genealogy of Modern War Justifications (1789–1918)

The Justification of War and International Order ◽

10.1093/oso/9780198865308.003.0008 ◽

2021 ◽

pp. 147-166

Author(s):

Hendrik Simon

Keyword(s):

Nineteenth Century ◽

Twentieth Century ◽

International Relations ◽

International Law ◽

International Order ◽

Mirror Image ◽

History Of ◽

Modern War

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.

International Law as a Political Language, 1600–1859

A History of International Law in Italy ◽

10.1093/oso/9780198842934.003.0003 ◽

2020 ◽

pp. 48-78

Author(s):

Walter Rech

Keyword(s):

Nineteenth Century ◽

International Law ◽

Legal Issues ◽

European Law ◽

Political Language ◽

Law Of Nations ◽

History Of ◽

The Common ◽

Ius Gentium ◽

By illustrating the history of Italian international law from the early seventeenth to the mid-nineteenth century, this chapter explores the question of whether and to what extent this period may have been characterized by a genuinely Italian ‘tradition’ or approach to international legal issues. The chapter questions the notion of a monolithic Italian tradition in international law and shows that the commonality of topics and interests among Italian lawyers can best be read as part of broader trends in the European ‘law of nations’. Although they were concerned with nationally important matters such as maritime trade, the sovereignty of smaller polities and the relationship between State and church, Italian lawyers constantly defended their claims by resorting to the common European vocabulary of the ius naturae and ius gentium.

Journal for the History of Modern Theology / Zeitschrift für Neuere Theologiegeschichte ◽

How German Theologians Read and Edited Luther for the Public: Karl Gottlieb Bretschneider’s Luther for Our Time

10.1515/znth-2021-0015 ◽

2021 ◽

Vol 28 (2) ◽

pp. 186-206

Author(s):

Zachary Purvis

Keyword(s):

Nineteenth Century ◽

Early Nineteenth Century ◽

The Public ◽

Critical History ◽

Actual Use ◽

History Of ◽

The Creation ◽

History Of Scholarship ◽

Conservative Protestants

Abstract Dieser Beitrag untersucht die Entstehung und die Wirkung von Luther an unsere Zeit (1817), Karl Gottlieb Bretschneiders vielgelesenes Buch der Auszüge, als Fallstudie darüber, wie moderne wissenschaftliche Theologen und Herausgeber Luther gelesen, kommentiert und anderen Lesern vorgestellt haben: in diesem Beispiel als Rationalist. Das Buch war umstritten. Der Beitrag befasst sich auch mit zwei konkurrierenden Auswahlen von Luthers Schriften, die von den konservativeren Protestanten Friedrich Perthes und Hans Lorenz Andreas Vent sowie den ultramontanen Katholiken Nikolaus Weis und Andreas Räß als Antwort verfasst wurden. Es deutet darauf hin, dass eine stärkere Berücksichtigung solcher Zusammenstellungen und der Arbeitsmethoden der Compiler selbst – als Teil der kritischen Geschichte der Wissenschaft – sowohl unser Verständnis des tatsächlichen Einsatzes der Reformer und ihrer breiten Rezeption durch verschiedene Leser bereichern als auch neues Licht werfen wird über die Polemik des frühen neunzehnten Jahrhunderts. This article examines the creation and impact of Luther for Our Time (1817), Karl Gottlieb Bretschneider’s much-read book of excerpts, as a case study of how modern scientific theologians and editors read, annotated, and introduced Luther to other readers: in this instance as a rationalist. The book was controversial. The article also looks at two competing selections of Luther’s texts prepared in response by the more conservative Protestants Friedrich Perthes and Hans Lorenz Andreas Vent and the ultramontane Catholics Nikolaus Weis and Andreas Räß. It suggests that greater consideration of such compilations and the working methods of the compilers themselves – part of the critical history of scholarship – will both enrich our understanding of the actual use of reformers and their broad reception by various readers, as well as shed new light on the polemics of the early nineteenth century.

“Recapturing” the “Other”: Jewish Laws of War and International Law

Journal of Law and Religion ◽

10.1017/s0748081400000230 ◽

2013 ◽

Vol 28 (1) ◽

pp. 47-65

Author(s):

Betina Kuzmarov

Keyword(s):

International Law ◽

Direct Consequence ◽

Point Of View ◽

The Other ◽

Jewish Law ◽

Complex Relationship ◽

Laws Of War ◽

History Of ◽

The story would recapture the trace of Judaism, particularly the mystical Jew, in the early literature of international law—I think most readily of Gentilis' obsession with Judaism—a Judaism that seems at once the law that revelation and redemption replace and the mysticism that law and state refuse. Paradoxically enough, we find here our own complex relationship between law and religion exactly mirrored in the relationship between Christianity and Judaism.This article examines the relationship between the Jewish laws of war and international law. As Kennedy notes in the opening quote, one way of understanding the relationship between Jewish laws of war and international law is as part of the relationship between international law and its “other.” Kennedy defines Jewish law as mystical, and in so doing he asserts that Jewish law is different in form than state law/international law. Kennedy's opposition of Jewish law and international law is not accidental. It is a direct consequence of the history of international law. As Mutua has noted “[i]nternational law claims to be universal, although its creators have unambiguously asserted its European and Christian origins.” From this point of view, international law has “universalized” its particular origins with the consequence that any non-European or non-Christian tradition is not universal and is the “other.” This fact leads Kennedy to argue that international law has ignored (among many other things) the traces of religion, mysticism and Judaism in its history in its quest to claim secular universality.

ROBERT GORDON LATHAM, DISPLAYED PEOPLES, AND THE NATURAL HISTORY OF RACE, 1854–1866

The Historical Journal ◽

10.1017/s0018246x10000609 ◽

2011 ◽

Vol 54 (1) ◽

pp. 143-166 ◽

Cited By ~ 10

Author(s):

SADIAH QURESHI

Keyword(s):

Nineteenth Century ◽

Natural History ◽

Biological Difference ◽

The Public ◽

Crystal Palace ◽

Alternative Approach ◽

World Fairs ◽

History Of ◽

The Relationship ◽

History Of Race

ABSTRACTIn 1854, the Crystal Palace reopened at Sydenham. Significantly, it featured a court of natural history. Curated by the philologist and physician, Robert Gordon Latham, it was designed to provide the public with an ethnological education. Understanding Latham's project is of particular importance for broader understandings of the scientific importance of displayed peoples and mid-nineteenth-century debates on the nature of human variation. Recent scholarship has shown considerable interest in the relationship between exhibitions of foreign peoples and anthropology, particularly within the context of world fairs. Nevertheless, anthropologists are routinely claimed to have used fairs merely to display or publicly validate, rather than to make, scientific knowledge. Meanwhile, the 1850s and 1860s are often seen as having witnessed the emergence of a new ‘harder-edged’ scientific racism as, older, elastic definitions of ‘race’ were successfully overthrown by one rooted in biological difference (most commonly exemplified by the anatomist Robert Knox). By examining how Latham produced and used his museum of human types, this article proposes an alternative approach. It suggests that displayed peoples were used as ethnological specimens and that Latham's work is at a particularly significant crossroads for the mid-nineteenth-century remaking of ‘race’.

THE INTRODUCTION OF BIOTERRORISM IN MALAYSIA: A LEGAL APPROACH

UUM Journal of Legal Studies ◽

10.32890/uumjls.3.2012.4548 ◽

2012 ◽

Author(s):

Rohani Abdul Rahim ◽

Nor Anita Abdullah

Keyword(s):

Public Health ◽

Infectious Diseases ◽

International Law ◽

Legal History ◽

Biological Agents ◽

Structured Interviews ◽

Real Situation ◽

The Public ◽

History Of ◽

History Of International Law

The deliberate use of biological agents and the emergence of infectious diseases which can produce harm to human health and give effects to the public health and security are well recognised. A few years back, an attack of biological agents would be the most unthinkable situation to happen. However, the threat of bioterrorism is real and it is growing. It continues to be a major challenge today and the possibility of bioterrorism is undeniable as it is increasingly defined globally as ‘not if, but when’. Therefore, this paper attempts to give a brief explanation on the threat of bioterrorism as to the emergence of infectious diseases and the legal history of international law on bioterrorism. The main objective of this paper is to find out the need for bioterrorism law in Malaysian i.e. a legal approach. The study is a social legal research, which uses a qualitative approach. Thus, due to lack of materials and publications in Malaysia, in order to achieve the objectives, the methodology used was based on a semi structured interviews conducted with three respected experts in public health and security to explore the real situation in Malaysia. The authors found out that the finding of this study had established that an outbreak of infectious diseases can now be viewed as a threat that may result to bioterrorism if there is no preparation to handle it. Keywords: Bioterrorism, biological agents, infectious diseases, legal and preparedness

Setting the Scene

Veiled Power ◽

10.1093/oso/9780198822097.003.0002 ◽

2020 ◽

pp. 15-27

Author(s):

Doreen Lustig

Keyword(s):

Nineteenth Century ◽

International Law ◽

Vantage Point ◽

Private Business ◽

Economic Agents ◽

History Of ◽

Material Conditions ◽

During the latter part of the nineteenth century, international lawyers begin to conceive themselves as part of a modern discipline of law. This chapter returns to the debate over the legitimacy of the operation of chartered companies in Africa during this period. The dissolution of the charters towards the end of the century was reflected in the suspension of the debate over companies in international legal commentaries for almost a century. The silence following international lawyers’ active critique over the chartered companies could be conceived as a testament to the irrelevance of international legal ideas, institutions, and practices to the history of private business corporations in colonial and other global settings. This chapter argues against such an interpretation and unravels the relevance of international law to economic actors by analysing this episode from the vantage point of the Royal Niger Company operations in Africa. I argue that the dissolution of the charters did not represent a failure, as previously thought, but rather a multifaceted transformation through which the relationship between economic agents and governmental agents was renegotiated. Further, I assert that while material conditions are crucial to understanding the chronicle of the Charter’s dissolution, international law is pivotal to unraveling the contours of the alliance that replaced them.

Truth and Suffering in the Quaker Archives

Archives and Information in the Early Modern World ◽

10.5871/bacad/9780197266250.003.0010 ◽

2018 ◽

Author(s):

Brooke Sylvia Palmieri

Keyword(s):

Print Culture ◽

Political Context ◽

The Political ◽

Making Meaning ◽

The Public ◽

Archival Document ◽

History Of ◽

The Creation ◽

Using the records and publications of the Quakers, this chapter considers the religious and political context behind the creation of the Quaker archive and the relationship between scribal material and print culture in making meaning. The story of Mary Fisher’s (c.1623–1698) trip to Constantinople to convert the Sultan of the Ottoman Turks provides a valuable case study in how a letter became an archival document before circulating widely in print. Initially a product of the zealous, evangelical epistolary culture that characterised Quaker writings of the 1650s, it was transferred into the public archive created during the extreme persecution of the 1660s to situate the Quakers within a longer history of suffering. Later it was used to advance the political argument for toleration by offering an instance of Muslim hospitality in counterbalance to Christian cruelty. The chapter highlights how changing historical contexts transform the nature of the truth of archives.