Detail View

단행본

Brett, Annabel S., editor, author. Donaldson, Megan, 1981-, editor, author. Koskenniemi, Martti, editor, author.

History, politics, law : thinking through the internationally / edited by Annabel Brett, University of Cambridge; Megan Donaldson, University College London; Martti Koskenniemi, University of Helsinki.

Cambridge, UK :   Cambridge University Press,   2021.  

xi, 409 p. ; 24 cm.

9781108842464 (hardback) 9781108829069 (paperback) 9781108903516 (epub)

"It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation"--

Includes index.  

Introduction : history, politics, law : thinking through the international / Annabel Brett, Megan Donaldson, Martti Koskenniemi -- Between history, politics and law : history of political thought and history of international law / Annabel Brett -- The past according to international law : a practice of history and histories of a practice / Martti Koskenniemi -- The context for context : international legal history in struggle / David Kennedy -- After method : international law and the problems of history / Gerry Simpson -- Carl Schmitt's international thought and the state / Armin von Bogdandy & Adeel Hussain -- Carl Schmitt on the theory and practice of occupation and dictatorship / Joshua Smeltzer & Duncan Kelly -- Law of nations, world of empires : the politics of law's conceptual frames / Jennifer Pitts -- The history of political thought in the african political present / Emma Hunter -- The [in]hospitable world / Julia McClure -- Ventriloquism in Geneva : the league of nations as international organisation / Megan Donaldson -- Sea change / Surabhi Ranganathan -- The political economy of context : theories of economic development and the study of conceptual change / Joel Isaac Gender -- Gender in the state of nature / Anna Becker -- Gender and the lost private side of international law / Karen Knop.

International law --Philosophy. International law --History.