Sources of International Law in the Nineteenth-Century European Tradition

2018 ◽  
Author(s):  
Lauri Mälksoo
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Natural Law ◽  
International Justice ◽  
Legal Positivism ◽  
First Century ◽  
Late Nineteenth Century ◽  
Nineteenth Century Literature ◽  
European Tradition ◽  
Legal Positivist

This chapter examines how international lawyers arrived in 1920 at the codification of Article 38 in the Statute of the Permanent Court of International Justice (PCIJ, later ICJ). The codification is explained as a victory of legal positivist ideas over natural law concepts. An overview of the positions defended in the late nineteenth-century literature of international law demonstrates that the codification largely reflected predominant ideas in the European tradition of international law. Here, legal positivism had undertaken a quite successful attack against natural law. Thus, when comparing the predominant views on sources of international law in the nineteenth century and in the twenty-first century, the differences in the practice of international law must be kept in mind.

Rethinking Mahler

2017 ◽  
Keyword(s):  
Nineteenth Century ◽  
Structural Analysis ◽  
First Century ◽  
Late Nineteenth Century ◽  
Temporal Experience ◽  
Cultural Contexts ◽  
Late Nineteenth ◽  
Twenty First Century ◽  
Literature History ◽  
Historical Past

Gustav Mahler’s anniversary years (2010–11) have provided an opportunity to rethink the composer’s position within the musical, cultural and multi-disciplinary landscapes of the twenty-first century, as well as to reassess his relationship with the historical traditions of his own time. Comprising a collection of essays by leading and emerging scholars in the field, Rethinking Mahler in part counterbalances common scholarly assumptions and preferences which predominantly configure Mahler as proto-modernist, with hitherto somewhat neglected consideration of his debt to, and his re-imagining of, the legacies of his own historical past. It reassesses his engagement both with the immediate creative and cultural present of the late nineteenth century, and with the weight of a creative and cultural past that was the inheritance of artists living and working at that time. From a variety of disciplinary perspectives the contributors pursue ideas of nostalgia, historicism and ‘pastness’ in relation to an emergent pluralist modernity and subsequent musical-cultural developments. Mahler’s relationship with music, media and ideas past, present, and future is explored in three themed sections, addressing among them issues in structural analysis; cultural contexts; aesthetics; reception; performance, genres of stage, screen and literature; history/historiography; and temporal experience.

The Sino-Japanese War and the Collapse of the Qing and Confucian World Order in the Face of Japanese Imperialism and European Acquiescence

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Bijun Xu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
East Asian ◽  
World Order ◽  
Foreign Minister ◽  
Late Nineteenth Century ◽  
Japanese Imperialism ◽  
The Face ◽  
Late Nineteenth

The First Sino-Japanese War (1894–95) has been perceived as a sign of a new East Asian power order, but the legitimacy of the war has yet to be clarified. The Japanese foreign minister Mutsu’s Kenkenroku shows that the reasons claimed by Japan were only pretexts for its ambition to put Korea under its control. The 1885 Convention of Tianjin, which was used to justify the Japanese behaviour, needs to be reinterpreted. The Chinese reaction can be understood by exploration into Confucianism, which opposed wars between equal peers. Meanwhile, the Western powers which invented and developed international law were self-interested and did little to prevent the war. The incident shows that international law, empowered by the strong states, failed to maintain peace efficiently in the late nineteenth century.

‘Our passion for legality’: international law and imperialism in late nineteenth-century Britain

2008 ◽  
Vol 34 (3) ◽  
pp. 403-423 ◽  
Author(s):  
CASPER SYLVEST
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
South African ◽  
Historical Analysis ◽  
World Politics ◽  
Late Nineteenth Century ◽  
Contemporary World ◽  
Late Nineteenth ◽  
Congo Free State

AbstractThis article deploys a historical analysis of the relationship between law and imperialism to highlight questions about the character and role of international law in global politics. The involvement of two British international lawyers in practices of imperialism in Africa during the late nineteenth century is critically examined: the role of Travers Twiss (1809–1897) in the creation of the Congo Free State and John Westlake’s (1828–1913) support for the South African War. The analysis demonstrates the inescapably political character of international law and the dangers that follow from fusing a particular form of liberal moralism with notions of legal hierarchy. The historical cases raise ethico-political questions, the importance of which is only heightened by the character of contemporary world politics and the attention accorded to international law in recent years.

Introduction

Veiled Power ◽  
2020 ◽  
pp. 1-14
Author(s):  
Doreen Lustig
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Late Nineteenth Century ◽  
Private Business ◽  
Business Corporation ◽  
Conceptual Analogy ◽  
Late Nineteenth

Corporations have limited responsibilities in international law but enjoy far-reaching rights and privileges. International legal debates often conceive of this issue as a problem of business accountability for human rights violations. Conceptually, the issue of corporations in international law has focused on whether or not they are, or ought to be, recognized as ‘subjects’ of responsibility in international law and on the adequate conceptual analogy to the corporation. The introduction presents an alternative way of thinking about the role of international law and its relevance to the private business corporation. It traces the emergence of the contemporary legal architecture for corporations in international law and shows how modern international law constitutes a framework within which businesses and governments allocate resources and responsibilities—a framework that began to operate as early as the late-nineteenth century and continued throughout the twentieth century.

Thoughts to Consider While Reading Barker’s Manuscript: Presentism, Whiggish History, and the Post Hoc Fallacy

2020 ◽  
pp. 118-132
Author(s):  
Richard J. Kahn
Keyword(s):  
Nineteenth Century ◽  
First Century ◽  
Late Nineteenth Century ◽  
Physician Patient Relationship ◽  
Scientific Authority ◽  
Nineteenth Century Medicine ◽  
Cellular Pathology ◽  
Post Hoc ◽  
Relationship Of ◽  
Physician Patient

The holistic tradition of Hippocrates and Galen ended in the nineteenth century with the arrival of disease specificity. Thus, the correction of imbalances provoked by noxious air, inappropriate behavior, the environment, air, water, food, emotions, exercise, rest, and evacuations gave way to the biomedical model, reductionist medicine, and positive scientific authority. By the late nineteenth century, medicine had incorporated Rudolf Virchow’s cellular pathology (1858), Joseph Lister’s surgical antisepsis (1865), Louis Pasteur’s bacteriology (1860s), and Robert Koch’s discovery of the tuberculosis germ (1880s). But John Harley Warner maintains that in Barker’s era, therapeutic action was an essential part of professional identity, as physicians struggled with skepticism regarding medical therapy and the relative merits of nature healing versus the need for therapeutics such as bleeding, purging, and mercurials. Charles Rosenberg emphasizes the importance to the physician–patient relationship of “exhibiting” a drug. To evaluate the validity of Barker’s knowledge and treatments, the twenty-first-century reader must avoid presentism, whiggish history, and the post hoc fallacy, and must consider confirmation bias. Was Barker using the best available evidence in 1820? Were his decisions evidence-based?

The Bible and Creationism

2017 ◽  
Author(s):  
Susan L. Trollinger ◽  
William Vance Trollinger
Keyword(s):  
Nineteenth Century ◽  
First Century ◽  
Late Nineteenth Century ◽  
Origin Of Species ◽  
Organic Evolution ◽  
The Bible ◽  
Late Nineteenth ◽  
Young Earth Creationism ◽  
Conservative Protestants ◽  
Over Time

Biblical creationism emerged in the late nineteenth century among conservative Protestants who were unable to square a plain, commonsensical, “literal” reading of the Bible with Charles Darwin’s theory of organic evolution. As this chapter details, over time a variety of increasingly literal “creationisms” have emerged. For the first century after Origin of Species (1859), old Earth creationism—which accepted mainstream geology—held sway. But with the 1961 publication of The Genesis Flood—Noah’s flood explains the geological strata—young Earth creationism took center stage. Waiting in the wings, however, is a geocentric creationism that rejects mainstream biology, geology, and cosmology.

Gay Affections

2014 ◽  
Author(s):  
Gerard P. Loughlin
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
First Century ◽  
Late Nineteenth Century ◽  
Gay Identity ◽  
Same Sex ◽  
The People ◽  
History Of ◽  
Late Nineteenth ◽  
Gay Identities

This chapter considers how gay identities—and so gay affections—were formed in the course of the twentieth century, building on the late nineteenth-century invention of the ‘homosexual’. It also considers earlier construals of same-sex affections and the people who had them, the soft men and hard women of the first century and the sodomites of the eleventh. It thus sketches a history of continuities and discontinuities, of overlapping identities and emotional possibilities. The chapter resists the assumption that gay identity and experience can be reduced to anything less than the multitude of gay people, and that as Christians they have to give an account of themselves in a way that heterosexual Christians do not. The chapter warns against thinking gay identity undone in Christ.

Sign in / Sign up

Export Citation Format

Share Document