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Whiggish International Law

Elihu Root, the Monroe Doctrine, and International Law in the Americas

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Christopher R. Rossi

International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.

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Ignacio de la Rasilla del Moral

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.

A Gateway between a Distant God and a Cruel World

The Contribution of Jewish German-Speaking Scholars to International Law

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Reut Yael Paz

Through a collective biographical methodology of four scholars (Hans Kelsen, Hans J. Morgenthau, Hersch Lauterpacht and Erich Kaufmann) this book investigates how Jewish identity and intellectual ties to Judaic civilisation in the German speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, inter alia, a particular Jewish legal approach that ‘made’ their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity’s differences need to be solved through the law.

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Edited by Tatiana Borisova and William B. Simons

Given their relationship to political rhetoric, myths of the Cold War certainly matter today; the legal field is no exception. Although Cold-War studies remains a blooming field, its legal dimensions have not been sufficiently developed. Only recently have legal scholars begun to embark upon research in law and the Cold War and how this area is regarded nowadays, both explicitly and implicitly. Preliminary results show that, on both sides of the Iron Curtain, knowledge of law of the ‘Other’ was encapsulated within two main frameworks: ideological and pragmatic. How did these approaches interrelate and influence one another? Can pure knowledge strictly be divided from contextual conditions? The chapters in this volume present retrospective accounts of actors who have been involved in the circulation of knowledge through the Curtain and, also, research on recent political and legal phenomena echoing the Cold-War discourse.

Contributors:
Jane Henderson
Albert J. Schmidt
Zlata E. Benevolenskaya
Leena Lehtinen
Boris N. Mamlyuk
William Partlett
Paul B. Stephan