Rewriting the History of the Law of Nations

Rewriting the History of the Law of Nations

Author: Paolo Amorosa

Publisher: Oxford University Press

Published: 2019-09-25

Total Pages: 369

ISBN-13: 0192589040

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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.


Rewriting the History of the Law of Nations

Rewriting the History of the Law of Nations

Author: Paolo Amorosa

Publisher: Oxford University Press

Published: 2019-09-19

Total Pages: 542

ISBN-13: 0192589059

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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.


Politics and the Histories of International Law

Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.


The Critical Attitude and the History of International Law

The Critical Attitude and the History of International Law

Author: Jean D'Aspremont

Publisher: BRILL

Published: 2019-08-26

Total Pages: 66

ISBN-13: 9004411631

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This book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.


International Law and Religion

International Law and Religion

Author: Martti Koskenniemi

Publisher: Oxford University Press

Published: 2017

Total Pages: 481

ISBN-13: 019880587X

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This collective volume brings together contributions by academics in various fields of law and the humanities, in order to tackle the complex interactions between international law and religion. The originality and the variety of approaches makes this book a must-have for academics planning to approach the topic in the future.


Rewriting the Nation in Modern Kazakh Literature

Rewriting the Nation in Modern Kazakh Literature

Author: Diana T. Kudaibergenova

Publisher: Lexington Books

Published: 2017-02-03

Total Pages: 259

ISBN-13: 1498528309

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*Shortlisted for the 2018 Book Award in Social Sciences of the Central Eurasian Studies Society* Rewriting the Nation in Modern Kazakh Literature is a book about cultural transformations and trajectories of national imagination in modern Kazakhstan. The book is a much-needed critical introduction and a comprehensive survey of the Kazakh literary production and cultural discourses on the nation in the twentieth and twenty first centuries. In the absence of viable and open forums for discussion and in the turbulent moments of postcolonial and cultural transformation under the Soviets, the Kazakh writers and intellectuals widely engaged with the national identity, heritage and genealogy construction in literature. This active process of national canon construction and its constant re-writing throughout the twentieth century will inform the readers of the complex processes of cultural transformations in forms, genres and texts as well as demonstrating the genealogical development of the national narrative. The main focus of this book is on the cultural production of the nation. The focus is on the narratives of historical continuities produced in the literature and cultural discontinuities and inter-elite competition which inform such production. The development of Kazakh literary production is an extremely interesting yet underrepresented field of study. Since the late nineteenth century it saw a rapid transformation from the traditional oral to print literature. This brought an unprecedented shift in genres and texts production as well as a rapid growth of the ‘writing’ class – urban colonial and first generations of Soviet intelligentsia. Kazakh literary production became the flagman of republic’s rapid cultural modernization and prior to the World War II local publishing industry produced up to 6 million print copies a year. By the 1960s and 1970s – the golden era of Kazakh literature, the most read literary journal Juldyz sold 50,000 copies all over the country. Literature became the mass provider of knowledge about the past, the present and of the future of the country. Because “Kazakh readers were hungry to find out about their pre-Soviet past and its national glory” national writers competed in genres, styles and ways to write out the nation in prose, poems, essays and historical novels.


Rewriting History

Rewriting History

Author: Uma Chakravarti

Publisher: Zubaan

Published: 2014-10-27

Total Pages: 431

ISBN-13: 9383074639

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In this classic study of Pandita Ramabai's life, Uma Chakravarti brings to light one of the foremost thinkers of nineteenth-century India and one of its earliest feminists. A scholar and an eloquent speaker, Ramabai was no stranger to controversy. Her critique of Brahminical patriarchy was in sharp contrast to Annie Besant, who championed the cause of Hindu society. And in an act seen by contemporary Hindu society as a betrayal not only of her religion but of her nation, Ramabai – herself a high-caste Hindu widow – chose to convert to Christianity. Chakravarti's book stands out as one of the most important critiques of gender and power relations in colonial India, with particular emphasis on issues of class and caste. Published by Zubaan.


Rewriting Histories of the Use of Force

Rewriting Histories of the Use of Force

Author: Agatha Verdebout

Publisher: Cambridge University Press

Published: 2021-09-23

Total Pages: 731

ISBN-13: 1108952135

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It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.


How to Write the History of the New World

How to Write the History of the New World

Author: Jorge Cañizares-Esguerra

Publisher: Stanford University Press

Published: 2001

Total Pages: 490

ISBN-13: 9780804746939

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An Economist Book of the Year, 2001. In the 18th century, a debate ensued over the French naturalist Buffon’s contention that the New World was in fact geologically new. Historians, naturalists, and philosophers clashed over Buffon’s view. This book maintains that the “dispute” was also a debate over historical authority: upon whose sources and facts should naturalists and historians reconstruct the history of the New World and its people. In addressing this question, the author offers a strikingly novel interpretation of the Enlightenment.