Concluding Remarks. The Legacy of James Brown Scott and the Responsibilities of International Legal History

2019 ◽  
pp. 312-320
Author(s):  
Paolo Amorosa
Keyword(s):  
International Law ◽  
Legal History ◽  
Human Action ◽  
Historical Study ◽  
Political Actors ◽  
Close Analysis ◽  
The Social ◽  
History Of ◽  
History Of International Law

In the concluding remarks, I put forward some reflections on Scott’s legacy and the significance of his work to articulate a responsible approach to the history of international law today. The Spanish origin narrative resulted from Scott’s contingent choices, proving his agency in the reshaping of international legal history. A responsible self-understanding of the profession should acknowledge the relevance of individual and collective stances. As international lawyers we are situated political actors. Awareness of this condition should be reflected in the histories we write. Narratives of timeless principles or inevitable progress downplay the concrete role of human action in shaping of the reality we live in. The engaged and responsible historical study of international legal doctrines should instead put close analysis of practice, sociological aspects of the profession, and the social and political stakes lawyers face at its center.

Beyond Texts? Towards a Material Turn in the Theory and History of International Law

2020 ◽  
pp. 1-35
Author(s):  
Daniel Ricardo Quiroga-Villamarín
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Legal Studies ◽  
Social Law ◽  
The Social ◽  
History Of ◽  
Material Turn ◽  
History Of International Law ◽  
Cambridge School

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.

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

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

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).

Concepción Arenal and the place of women in modern international law

2020 ◽  
Vol 88 (1-2) ◽  
pp. 211-253
Author(s):  
Ignacio de la Rasilla
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Historical Context ◽  
International Congress ◽  
Early Twentieth Century ◽  
History Of ◽  
Individual Contributions ◽  
History Of International Law ◽  
Academic Study

Summary This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.

Empires and Jurisdictional Politics

2020 ◽  
pp. 185-199
Author(s):  
Lauren Benton
Keyword(s):  
International Law ◽  
Legal History ◽  
World History ◽  
Legal Pluralism ◽  
Future Directions ◽  
Political Ideas ◽  
History Of ◽  
History Of International Law

The study of legal pluralism in empires has far-reaching implications for comparative legal history, world history, the history of international law, and the study of global legal pluralism. This chapter highlights three insights developed within this perspective and discusses some promising future directions for research. The first insight flows from the observation that jurisdictional politics in empires played a formative role in structuring processes of conquest and colonization. The second involves the finding that patterns of legal pluralism in empires influenced foundational legal and political ideas, in particular concepts of rights and sovereignty. A third derives from the analytical move of placing imperial legal politics at the heart of histories of global ordering. This chapter reviews each of these facets of the analysis of legal pluralism in empires to identify some critical lessons for understandings of global legal pluralism.

scholarly journals The Shifting Origins of International Law

2015 ◽  
Vol 28 (3) ◽  
pp. 419-440 ◽  
Author(s):  
IGNACIO DE LA RASILLA DEL MORAL
Keyword(s):  
International Law ◽  
Time And Space ◽  
Islamic History ◽  
Methodological Nationalism ◽  
Global Age ◽  
History Of ◽  
History Of International Law ◽  
New Research

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.

scholarly journals THE INTRODUCTION OF BIOTERRORISM IN MALAYSIA: A LEGAL APPROACH

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

scholarly journals Peranan Harem dalam Institusi Sosial dan Politik Uthmaniyyah

2021 ◽  
Vol 16 (2) ◽  
pp. 75-87
Author(s):  
Nurul Syafina Rosman ◽  
Ermy Azziaty Rozali ◽  
Ezad Azraai Jamsari ◽  
Mohd Roslan Mohd Nor
Keyword(s):  
International Relations ◽  
Historical Study ◽  
The Political ◽  
Social Aspect ◽  
Main Role ◽  
Political Aspect ◽  
The Social ◽  
Female Figures ◽  
History Of

The history of harem institution has been a subject of interest among researchers on the Ottoman era for the reason of extraordinary involvement of women in administrative affairs of Ottoman politics, military and international relations. The emergence of some prominent Ottoman female figures such as Hurrem Sultan, Kosem Sultan and Turhan Sultan proved that the harem institution is very significant and dynamic.Therefore, the purpose of this article is to study the history of the Ottoman harem institution in general, besides analysing related issues on its role in the social and political aspects. This research uses a qualitative approach through the methods of historical study and content analysis, in gathering and analysing information from relevant materials and academic sources. From the results of the study, this research argues that the main role of the harem institution in the social aspect is the segregation of women to assigned spaces. In the political aspect, the harem has a significant effect on Ottoman administrative affairs, particularly in the 16th and 17th centuries. The harem institution was responsible for the continuity of administration, by giving birth to heirs for the throne and shaping a new dimension for the Ottoman’s international relations or external affairs through the role of diplomatic agents.

‘This Modern Grotius’

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
International Order ◽  
Historical Study ◽  
Global History ◽  
Imperial Expansion ◽  
History Of ◽  
History Of International Law ◽  
Global Affairs ◽  
European Thought

This introductory chapter discusses the life and work of Polish–British scholar and lawyer, Charles Henry Alexandrowicz (1902–75). Alexandrowicz pioneered the historical study of international law in its extra-European contexts, a vein of research that is fundamental to the history of international law and to global history more generally. Unlike contemporary scholars who assume that international law was an exclusively European phenomenon, or those who find only Eurocentrism in various forms in the history of European thought on international and global affairs, Alexandrowicz recognized international law’s complicity with European imperial expansion and sought to find in history resources for a more egalitarian and less Eurocentric international order.

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