Search Results

Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries
Author: Tetsuya Toyoda
Emergence of the modern science of international law in the seventeenth and eighteenth centuries is usually attributed to Hugo Grotius (1583-1645) and other “founders of international law.” Based on the belief that “all seventeenth and eighteenth-century writers of international law had their own particular political context in mind when writing about the law of nations,” this book sheds light on some worldly aspect of the early writers of the law of nations (i.e., the former name for international law). Studied here are the writings of seven German court councilors, namely, Samuel Rachel (Schleswig-Holstein-Gottorp), Gottfried Wilhelm Leibniz (Hannover), Adam Friedrich Glafey (Saxony), Johann Adam Ickstatt (Würzburg-Bamberg), Samuel von Cocceji (Prussia), Johann Jacob Moser (Würtemberg and Hessen-Homburg) and Emer de Vattel (Saxony).
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.
Author: Abigail Firey
Between the middle of the eighth century and the late ninth century in western Europe, the course of legal history was shaped by interaction with religious ideas, especially with regard to the meaning of confession, suffering, and the balance of protections for an accused individual and the welfare of the community. This book traces those themes through a selection of Carolingian texts, such as archbishop Hincmar's legal analysis of a royal divorce, the decrees of church councils, the biography of a Saxon holy woman, anti-Judaic treatises, and Hrotswitha's dramatisation of the legend of Thaïs, in order to make audible the lively debates over the boundaries of clerical and lay authority, the nature and extent of permissible intervention in the spiritual condition of the empire's inhabitants, and distinctions between the private and public domains. This work thus reveals the profound relation between law and penitential ideologies promoted by the Carolingian imperial court.
Author: Arndt Kiehnle

entitled to self-administration rights, e. g. in the case of municipalities 46 . 3 Martin Luther, Andreas Erstenberger and the Emergence of the Concept of Autonomy in the German Language Looking for the roots of autonomy is based on the belief that the ideas of autonomy and especially ‘Privatautonomie

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

of Eurocentricism appears to arise from European preoccupations and political beliefs. 180 In the light of the preceding remarks on the limits of internal critique, Martti Koskenniemi’s resignation to some degree of conservatism of historical critique is not unwarranted. As was mentioned above, there

In: Brill Research Perspectives in International Legal Theory and Practice

social and legal status of women in the Spanish society of her time. Her book La mujer del porvenir (The Woman of the Future) (1869), which is considered the first feminist work in Spanish 50 , was inspired, in her own words, by her belief that ‘la sociedad no puede en justicia prohibir el ejercicio

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

has been suggested that, after the Christians put an end to Muslim rule in 1492, the national legal system that emerged was based on beliefs ‘that there was a natural law binding on all people and peoples whoever they might be,’ and there was ‘a variety of human observance, all of it permissible so

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: Naveen Kanalu

systems of jurisprudence. The period from the 1770s to the 1820s was marked by an intense effort at resolving this tension in India, not so much for pragmatic purposes, but instead in the need for instituting various legal frameworks for ‘native’ subjects of diverse religious beliefs. While early colonial

In: Empire and Legal Thought
Author: P.G. McHugh

from each of the colonial legislatures held in mid-1754). The Treaty of Easton brought the First Nations of western Pennsylvania, who had been primarily allied to the French, to the British side. They came in the belief that those representing the King would continue in that vein. Governor Denny

In: Empire and Legal Thought
Author: Jordan Rudinsky

constitutional experience, then the latter in turn is best understood in the light of Freeman’s influence on Bryce. Bryce’s close study of ancient Rome presupposes a distinctly Freemanesque unity of history and centrality of Rome alongside a more generally Victorian belief that historical study, especially of

In: Empire and Legal Thought