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The History and Theory of International Law

Rewriting the History of the Law of Nations

How James Brown Scott Made Francisco de Vitoria the Founder of International Law

Paolo (Post-Doctoral Researcher, Post-Doctoral Researcher, Centre of Excellence in Law, Identity and the European Narratives, University of Helsinki) Amorosa

Rewriting the History of the Law of Nations

The History and Theory of International Law

Rewriting the History of the Law of Nations

How James Brown Scott Made Francisco de Vitoria the Founder of International Law

The History and Theory of International Law: Rewriting the History of the Law of Nations

 

In the interwar years, James Brown Scott wrote a series of works on the history international law, arguing that the foundation of modern international law rested with the 16th century Spanish theologian Francisco de Vitoria.


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Beschrijving The History and Theory of International Law: Rewriting the History of the Law of Nations

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.


ISBN
9780198849377
Pagina's
368
Verschenen
Serie
The History and Theory of International Law
NUR
828
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
Oxford University Press

Internationaal Recht