scholarly journals The case for a history of global legal practices

2017 ◽  
Vol 25 (1) ◽  
pp. 108-130 ◽  
Author(s):  
Tomas Wallenius
Keyword(s):  
International Law ◽  
Literary Theory ◽  
Social Order ◽  
Historical Study ◽  
Legal Doctrine ◽  
Alternative Approach ◽  
Contextual Understanding ◽  
Legal Texts ◽  
Historical Importance ◽  
History Of

The contextual understanding of treatises of great legal thinkers has become an important focus in the historical study of international law. This article argues for an alternative approach going beyond classics of legal doctrine to study the interlinked broader global legal practices that constituted actual patterns of social order. Dead practitioners can, however, only be accessed through texts that remain under-conceptualized. I argue that literary theory provides the most helpful insights for developing a framework for studying legal texts. The historical importance of a legal text depends not only on why it was written, but also on how it was used, reinterpreted and even modified by later practitioners. The new method highlights an important alternative dynamic of legal change that first takes place through practice and is introduced to doctrine only afterwards, with posthumous editors often drastically modifying canonical works in order to make them more useful for contemporary practitioners.

scholarly journals Historical Comparison of Sovereignty in International Law

2021 ◽  
Vol 9 (4) ◽  
pp. 128-157
Author(s):  
Louise Kazemi Shariat Panahi
Keyword(s):  
International Law ◽  
Fundamental Principle ◽  
Legal Doctrine ◽  
Historical Comparison ◽  
History Of ◽  
Current Article ◽  
History Of International Law ◽  
Correct Understanding ◽  
Historical Periods ◽  
United Nation

The current article aims to study on the concept of sovereignty in international law. To this end, sovereignty is historically examined and compared in different legal doctrines. In fact, there is a verity of legal theories on the formulation and conceptualization of sovereignty. The dominant perspective of the contemporary legal doctrines sees sovereignty as wornout and outdated concept which belongs to classical legal doctrines. This article argues such accounts and shows how the concept of sovereignty survived through historically legal developments and has still been influential in the sphere of international law. Although the main legal events comprising Westphalian truce, world wars, the foundation of United Nation organization and so on have changed the nature and content of sovereignty in the history of international law, it has remained as a fundamental principle of international law. The lack of correct understanding of this concept can reinforce the obstacles for legal modeling and doctrines. So, through such a historical comparison, the research elaborates the reconceptualization process in the concept of sovereignty and elucidates how sovereignty means in the contemporary international law and how this concept defined by the modern legal doctrine influences international law and globally affects the legal order among states. Discussing the different legal doctrines on the concept of sovereignty in different historical periods, the article reveals the present considerations on sovereignty in contemporary international law.

scholarly journals History of the Development of the Judicial Defense Institution: The National Experience

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 47-51
Author(s):  
Elena V. Koroleva ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Historical Development ◽  
Effective Means ◽  
Current Situation ◽  
Legal Doctrine ◽  
Administration Of Justice ◽  
History Of ◽  
Judicial Protection ◽  
National Experience

This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.

‘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.

Veiled Power

2020 ◽  
Author(s):  
Doreen Lustig
Keyword(s):  
International Law ◽  
International Investment ◽  
Historical Study ◽  
Sovereign State ◽  
Business Corporation ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
History Of ◽  
Investment Law

This book presents a historical study of the international law of the private business corporation. The literature on corporations and international law typically concentrates on the failure to regulate corporations. This book challenges this ‘failure’ narrative and presents an alternative historical reading: a history of its facilitative role in constituting an economic order. This study draws inspiration from scholarship on the history of international trade law, international investment law, the history of global governance, and political economic analysis of international law, and connects these specialized fields in a single lens: the corporate form. The point of departure for this history is the simultaneous emergence of international law as a modern legal discipline and the turn to free incorporation in corporate law during the last third of the nineteenth century. The book demonstrates how the sovereign veil of the state and the corporate veil of the company were applied in tandem to insulate corporations from responsibility. Nevertheless, less powerful states invoked the same prevailing conceptions of the corporation, the sovereign state, and the relation between them, to curtail corporate power in struggles associated with decolonization. Reacting to these early victories, capital exporting countries shifted to a vocabulary of human rights and protected companies under a new regime of international investment law, which entrenched the separation between market and politics.

scholarly journals Appunti sulla stilistica (italiana) di László Gáldi

2017 ◽  
Vol 23 ◽  
pp. 108-121
Author(s):  
Diego Stefanelli
Keyword(s):  
Literary Criticism ◽  
20Th Century ◽  
Literary Theory ◽  
Reference Points ◽  
Historical Study ◽  
Stylistic Analysis ◽  
Russian Literary ◽  
History Of ◽  
The Rich ◽  
Romance Philology

The paper deals with László Gáldi’s Introduction to Italian Stylistics (1971), placing it in the coeval context of the methodological discussions between stylistics and structuralism in the 60s and 70s, as well as in the history of the Italian stylistics in the 20th century. It investigates the theoretical sources of Gáldi’s book, which was influenced by different reference points: the European Romance philology, the Russian literary theory (mainly Viktor Žirmunskij’s approach to stylistics) and the Rumanian aesthetics and literary criticism. Moreover, it shows the connection between the Introduction and Gáldi’s previous works, particularly the important book on the poetical style of Mihai Eminescu (1964), maybe Gáldi’s most relevant stylistic study, and other significant works of the same period (an interesting stylistic analysis of Musset’ Stances and a historical study of Rumanian versification). In doing so, it shows the rich methodological and theoretical sources of Gáldi’s Introduction and the peculiar position of the Hungarian scholar in the history of European stylistics.

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.

Migration and Modernities

2019 ◽  
Keyword(s):  
Native Americans ◽  
Literary History ◽  
Historical Study ◽  
Racial Categories ◽  
Geographic Boundaries ◽  
The Us ◽  
Technological Developments ◽  
History Of ◽  
The Aesthetic ◽  
Eighteenth And Nineteenth Centuries

Migration and Modernities recovers a comparative literary history of migration by bringing together scholars from the US and Europe to explore the connections between migrant experiences and the uneven emergence of modernity. The collection initiates transnational, transcultural and interdisciplinary conversations about migration in the eighteenth and nineteenth centuries, demonstrating how mobility unsettles the geographic boundaries, temporal periodization, and racial categories we often use to organize literary and historical study. Migrants are by definition liminal, and many have existed historically in the spaces between nations, regions or ethnicities. In exploring these spaces, Migration and Modernities also investigates the origins of current debates about belonging, rights, and citizenship. Its chapters traverse the globe, revealing the experiences — real or imagined — of eighteenth- and nineteenth-century migrants, from dispossessed Native Americans to soldiers in South America, Turkish refugees to Scottish settlers. They explore the aesthetic and rhetorical frameworks used to represent migrant experiences during a time when imperial expansion and technological developments made the fortunes of some migrants and made exiles out of others. These frameworks continue to influence the narratives we tell ourselves about migration today and were crucial in producing a distinctively modern subjectivity in which mobility and rootlessness have become normative.

George Hoggart Toulmin: politics and geology

1978 ◽  
Vol 8 (4) ◽  
pp. 481-481
Author(s):  
ROY PORTER
Keyword(s):  
French Revolution ◽  
Social Order ◽  
Lower Class ◽  
Great Distance ◽  
The Earth ◽  
Christian View ◽  
The Social ◽  
French Enlightenment ◽  
Political Conservatism ◽  
History Of

The physician George Hoggart Toulmin (1754–1817) propounded his theory of the Earth in a number of works beginning with The antiquity and duration of the world (1780) and ending with his The eternity of the universe (1789). It bore many resemblances to James Hutton's "Theory of the Earth" (1788) in stressing the uniformity of Nature, the gradual destruction and recreation of the continents and the unfathomable age of the Earth. In Toulmin's view, the progress of the proper theory of the Earth and of political advancement were inseparable from each other. For he analysed the commonly accepted geological ideas of his day (which postulated that the Earth had been created at no great distance of time by God; that God had intervened in Earth history on occasions like the Deluge to punish man; and that all Nature had been fabricated by God to serve man) and argued they were symptomatic of a society trapped in ignorance and superstition, and held down by priestcraft and political tyranny. In this respect he shared the outlook of the more radical figures of the French Enlightenment such as Helvétius and the Baron d'Holbach. He believed that the advance of freedom and knowledge would bring about improved understanding of the history and nature of the Earth, as a consequence of which Man would better understand the terms of his own existence, and learn to live in peace, harmony and civilization. Yet Toulmin's hopes were tempered by his naturalistic view of the history of the Earth and of Man. For Time destroyed everything — continents and civilizations. The fundamental law of things was cyclicality not progress. This latent political conservatism and pessimism became explicit in Toulmin's volume of verse, Illustration of affection, published posthumously in 1819. In those poems he signalled his disapproval of the French Revolution and of Napoleonic imperialism. He now argued that all was for the best in the social order, and he abandoned his own earlier atheistic religious radicalism, now subscribing to a more Christian view of God. Toulmin's earlier geological views had run into considerable opposition from orthodox religious elements. They were largely ignored by the geological community in late eighteenth and early nineteenth century Britain, but were revived and reprinted by lower class radicals such as Richard Carlile. This paper is to be published in the American journal, The Journal for the History of Ideas in 1978 (in press).

Apuntes para la historia de una fraseología del español americano

2020 ◽  
Vol 65 (4) ◽  
pp. 367-382
Author(s):  
Juan Pedro Sánchez Méndez
Keyword(s):  
Spanish Language ◽  
Historical Study ◽  
History Of ◽  
American Spanish

"Notes for the History of a Phraseology of American Spanish. This paper presents the characteristics that would define the historical Hispano-American phraseology as opposed to the European Spanish one. Phraseology is one of the areas in which the greatest variation is perceived among the different Hispanic countries. In this paper I will try to point out the main historical foundations that would explain this variation and the characteristics assumed by what we call the indian or colonial phraseology. This would be the origin of what today we can consider a phraseological Americanism, which presents some characteristics that allow establishing its historical study differentiated from the European Spanish and justifies the necessary diastematic vision of the general historical phraseology of the Spanish language. Keywords: history of American Spanish, historical Hispano-American phraseology, phraseological Americanism, Indian or colonial phraseology. "

A Left History of Liquorice: What It Means to Write "Left" History

2019 ◽  
Vol 23 (1) ◽  
Author(s):  
Bryan D. Palmer
Keyword(s):  
Historical Study ◽  
Right Wing ◽  
Special Edition ◽  
Political Climate ◽  
Historical Approach ◽  
History Of ◽  
The Impact

This article is part of a special Left History series reflecting upon changing currents and boundaries in the practice of left history, and outlining the challenges historians of the left must face in the current tumultuous political climate. This series extends a conversation first convened in a 2006 special edition of Left History (11.1), which asked the question, “what is left history?” In the updated series, contributors were asked a slightly modified question, “what does it mean to write ‘left’ history?” The article charts the impact of major political developments on the field of left history in the last decade, contending that a rising neoliberal and right-wing climate has constructed an environment inhospitable to the discipline’s survival. To remain relevant, Palmer calls for historians of the left to develop a more “open-ended and inclusive” understanding of the left and to push the boundaries of inclusion for a meaningful historical study of the left. To illustrate, Palmer provides a brief materialist history of liquorice to demonstrate the mutability of left history as a historical approach, rather than a set of traditional political concerns.

Sign in / Sign up

Export Citation Format

Share Document