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19 March 2024

BOOK: Anne PETERS & Tom SPARKS (eds.), The Individual in International Law [The History and Theory of International Law, eds. Nehal BHUTA, Anthony PAGDEN & Benjamin STRAUMANN] (Oxford: Oxford University Press, 2024), 448 p. ISBN 9780198898917, OPEN ACCESS

 

(image source: OUP)

Book abstract:

Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Table of contents:

Contributors
Acknowledgments
1:Introduction: The History and Theory of the Individual in International Law, Anne Peters & Tom Sparks
1
The Individual in the History of International Law
2:The Individual in International Law in Antiquity, Eleanor Cowan
3:Individuals and Group Identity in Medieval International Law, Dante Fedele & Alain Wijffels
4:From Exemplary Individuals to Private Persons with Rights: International Law 1500-1647, Vitoria, Gentili, and Grotius, Francesca Iurlaro
5:From Re- to Demoralisation: The Individual in International Law, 1648-1789, Mark Somos
6:The Individual in International Law in the Nineteenth Century, 1789-1914, Inge Van Hulle
7:Before Human Rights: The Formation of the International Status of the Individual, 1914-1945, Anne Peters
2
The Individual in the Theory of International Law
8:Legal Positivism and the Individual in International Law, Gleider I. Hernández
9:The Individual in International Law from the Contemporary Sacred Natural Law Perspective, Rafael Domingo
10:The Individual in Secular Natural Law Theories of International Law, Tom Sparks
11:The Status of the Individual in International Law: A TWAIL Perspective, B.S. Chimni
12:The Individual in Feminist Approaches to International Law, Ruth Houghton
13:A Marxist Account of the Individual in International Law, Marina Veličković
14:Global Law and the Individual, Angelo Jr. Golia
15:Global Constitutionalism and the Individual, Başak Çalı
16:The Individual in (International) Law and Economics, Anne van Aaken
17:Individual Personhood in Anthropological Approaches to International Law, Marie-Claire Foblets
18:Conclusion: Reconsidering the Individual in International Law, Anne Peters & Tom Sparks
Index

 On the editors:

Anne Peters, Director, Max Planck Institute for Comparative Public Law and International Law, and Tom Sparks, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law Tom Sparks is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, where he works on international environmental law, the humanisation of international law and legal theory. He wrote his doctoral thesis at the University of Durham, entitled Towards a Human-Centred International Law: Self-Determination and the Structure of the International Legal System. The thesis won the Global Policy North network of research universities' prize for the best doctoral dissertation of 2018. He is the author of Self-Determination in the International Legal System: Whose Claim, to What Right? (Hart 2023). Anne Peters is Director at the Max Planck Institute for Comparative Public Law and International Law Heidelberg, a professor at the universities of Heidelberg, Freie Universität Berlin, Basel, and Michigan. She has been a member of the European Commission for Democracy through Law (Venice Commission) in respect of Germany (2011-2015), served as the President of the European Society of International Law (2010-2012) and as President of the German Society of International Law (DGIR) (2019-2023). She is a member of the Permanent Court of Arbitration and an associate member of the Institut de Droit International.

Download the full book here

SEMINAR: The Encyclopedism of Renaissance Humanist Jurists (Edinburgh: The University of Edinburgh, 10 MAY 2024)

(Image source: Edimbourgh Law School)


The expression “Legal humanism of the Renaissance” refers to the movement that emerged from the full integration of law into humanist knowledge, which began at the turn of the 15th and 16th centuries. Starting with a critique of medieval scholasticism for the study of legal texts, this intellectual movement proposed new methods for producing legal ideas based on an encyclopedic approach. Although there were many methodological differences between the legal scholars grouped under the banner of humanism, they shared the conception of a legal science that is not closed in on itself. Thus, they applied to law the humanist idea that knowledge forms a vast body made up of elements that may be intellectually differentiated, but which remain interrelated: the understanding of one of these elements must therefore logically call upon all those related to it. Not only did these scholars master the legal sources (Roman law, canon law, customs, royal legislation, court decisions, etc.), but they constantly referred to history and geography, philosophy and theology, philology and rhetoric, literature and poetry, mathematics and architecture, agronomy and astronomy.

The encyclopedism of Renaissance humanist jurists then caused an upheaval in the understanding of law, while participating massively in the production of knowledge beyond legal ideas. Presenting such an approach can contribute to the current debate which, faced with the extreme compartmentalisation of disciplines and even a growing separation between legal branches, is calling for greater use of interdisciplinarity.


THE SPEAKER

Xavier Prévost is an associate of the faculties of law, associate of economics and management, paleographic archivist (graduate of the École des chartes) and a former student of the École Normale Supérieure of Cachan. Xavier Prévost is a junior member of the Institut universitaire de France (promotion 2020) and professor of legal history at the University of Bordeaux, where he directed the Montesquieu Research Institute (IRM – UR 7434) from 2016 to 2022 and chaired the legal history section from 2021 to 2023. Since December 2023, he has been first vice-president of section 03 (History of law and institutions) and vice-president of group 1 (Law and political science) of the National Council of Universities. His research concerns law and legal knowledge during the Renaissance and questions, more particularly, the emergence of legal modernity.


More information can be found here.

SEMINAR: 'Diritto e legge nel crepuscolo dell'assolutismo giuridico' con Bernardo Sordi (Verona: Università di Verona, 21 MAR 2024)

18 March 2024

CALL FOR PAPERS: 19th ESIL Annual Conference, IG History of International Law Pre-conference Workshop, "Historical Perspectives on Technological Change and International Law" (Vilnius: University of Vilnius, 4 SEP 2024) DEADLINE 22 MAR 2024

(Source: ESILHIL)

The European Society of International Law’s interest group history of international law has a call for papers for the interest group's event in the margins of ESIL’s next annual conference.

2024 ESIL Annual Conference Technological Change and International Law

Call for Papers: Historical Perspectives on Technological Change and International Law

The ESIL Interest Group on the History of International Law cordially invites submissions of papers for its upcoming workshop centered on the theme “Historical Perspectives on Technological Change and International Law”. This gathering seeks to unravel the mysteries of technological evolution and its enduring legacy upon the edifice of international law.

We are intrigued by the historical development of various technologies across different spatial and temporal contexts within international law. All papers that delve into the debates concerning technological change in international law or explore the influence of technological change on international law are warmly welcomed.

Centuries have witnessed the inexorable march of technological innovation, each stride leaving an indelible mark on the canvas of international law. Technological change – whatever that may be, but as reasonably defined by an author - has impacted international law, just as international law has responded and evolved in the wake of new technological advancements. New disciplines and fields emerged, and old doctrines and theories disappeared. Novel technologies even prompt the emergence of entirely “new” fields of international law, such as international labor law, international environmental law, and air and space law, contributing to the so-called fragmentation of international law.

History is rife with examples and case studies illustrating the intricate interplay between technology and international law. With regard to the law on the use of force, the requirement for a formal declaration of war has been undermined by the advancement of telecommunications. Technological advancements in weaponry (e.g. chemical and nuclear weapons) have reshaped international humanitarian law. Similarly, the law of the seas has adjusted for innovations in ship-building and seafaring technologies (maps, cartography, GPS). Technology also affects the way and extent to which states project their powers. The limit of three nautical miles no longer defines the limit of the territorial sea now that coastal batteries can shoot beyond this range. The industrial revolution also caused international law to evolve. The inventions of the telegraph and railway required new commercial arrangements, enabled  the expansion of colonialism, and caused a surge of Western investments abroad. For example, in the mid-19th century, the industrial extraction of sugar from beets in Western Europe distorted the international sugar trade for decades, leading to the conclusion of dozens of treaties. Sometimes, an invention causes entirely new fields of international law to emerge. The airplane and space exploration created the need for aerospace law. But sometimes, too, international law fails to catch up with technological changes. For example, the Hague Convention on Explosives from Balloon in 1907 failed to become a general prohibition against aerial bombardments. Such failures to address technological change are equally important moments in the history of international law.

In reviewing the history of technological changes and international law, authors are encouraged to engage in discussions evaluating how international law has both succeeded and failed to accommodate and regulate technological changes. We welcome papers from all methodological perspectives, as long as they address technology and the history of international law.

Papers could address any of the following topics, but also any topic that addresses technological change (reasonably defined by the author) and the history of international law:

•        Governance, preservation, and dissemination of knowledge in international legal history

•        The role of international regulation in the rise of new technologies

•        The influence of new technologies on human rights, both advancing and undermining

•        The impact of technological changes on broader socio-political and sovereign processes

•        How technological changes have affected the development and codification of international law

•        The influence of technological changes on the law of treaties and state responsibility

•        The effects of technological changes on international adjudication

•        The constitutionalization of international law in response to technological changes

•        The emergence of technology-specific international law

•        The impact of technological changes on the laws of war, peace, the use of force, and arms control

•        How technologies have shaped concepts of sovereignty

•        The appearance or disappearance of disciplines, principles, and concepts within international law due to technological changes

•        Case studies of failures to foresee and regulate technological changes in international law.

•        The impact of inventions like the steam engine, railways, and telegraph on international law

We are particularly interested in papers that engage with non-Western perspectives on the historical perspectives on technological change and international law. We welcome submissions from scholars and practitioners at all stages of their careers, and particularly encourage submissions from early-career scholars and scholars from underrepresented regions and perspectives.

The Interest Group is unable to provide funding for travel and accommodation. Selected speakers will be expected to bear the costs of their own travel and accommodation. Some ESIL travel grants and ESIL carers' grants will be available to offer partial financial support to speakers who have exhausted other potential sources of funding.

Please see the ESIL website for all relevant information about the 19th Annual Conference. The Interest Group workshop is open to ESIL members, and all participants are required to register for the Annual Conference. There will be an option to register just for one day to attend the workshop; however, all participants are warmly invited to attend the entire event.

Selected speakers should indicate their interest in being considered for the ESIL Early-Career Scholar Prize, if they meet the eligibility conditions as stated on the ESIL website. The ESIL Secretariat must be informed of all selected speakers who wish to be considered for the Prize before 30 April.

Submissions should include an abstract of no more than 500 words, a short bio of the author(s), and contact information, in Word (not PDF). Abstracts should be submitted by the 22nd of March, 5 pm (CET) to anastasia.hammerschmied@univie.ac.atThe abstract and bio should be separated to allow for anonymous review by the convenors. The workshop will take place on the 4th of September (time slot TBA), and will provide an opportunity for participants to engage in a critical discussion of their research and to receive feedback from other scholars and practitioners. Remote participation will be possible, but in-person presence is highly preferred.

Convenors

Anastasia Hammerschmied – Florenz Volkaert - Jaanika Erne – Sze Hong Lam (Ocean)

(Source: ESILHIL Blogspot)

 

 

CALL: The Unseen History of International Law: A Census Bibliography of Hugo Grotius’s De iure belli ac pacis (Heidelberg: MPI for Comparative Public Law and International Law)

(image source: Wikimedia Commons)
 

Call for action! Thanks to the generous support of the Deutsche Forschungsgemeinschaft, we launched a five-year project to uncover an aspect of the history of international law by examining all surviving copies of the first ten editions of Hugo Grotius’s seminal On the Rights of War and Peace (De iure belli ac pacis, IBP). The ambition is to publish the resulting census bibliography in 2025, the 400th anniversary of IBP’s first publication.

In our pursuit of locating IBP copies, your help in the search of Grotius‘ IBP copies is greatly appreciated! If you know of or hold any hard copy of any of the following IBP editions, please click on the link for that edition, and fill out the very brief questionnaire regarding the copy.

-        For the 1625 IBP: https://survey.academiccloud.de/index.php/681736?lang=en

-        For the 1626 IBP: https://survey.academiccloud.de/index.php/889362?lang=en

-        For the 1631 IBP: https://survey.academiccloud.de/index.php/575734?lang=en

-        For the 1632 Janssonius IBP: https://survey.academiccloud.de/index.php/353911?lang=de

-        For the 1632 Blaeu IBP: https://survey.academiccloud.de/index.php/115821?lang=de

-        For the 1642 IBP: https://survey.academiccloud.de/index.php/955414?lang=en

-        For the 1646 IBP: https://survey.academiccloud.de/index.php/124888?lang=de

-        For the 1647 IBP: https://survey.academiccloud.de/index.php/776362?lang=de

-        For the 1650 IBP: https://survey.academiccloud.de/index.php/318594?lang=de

IBP has been generally regarded as the inception of modern international law ever since its first edition in 1625. The first generation of readers valued IBP for its lucid systematisation of legal doctrine and irenic potential. In the middle of the Thirty Years’ War, one of the most traumatic conflicts in European history, IBP removed religion from international law, offering warring factions a common moral foundation and procedural standards and rules for negotiation. In terms of disciplinary genealogy and professionalisation, the first chair in public international law was established to expound IBP, and given to Samuel Pufendorf in Heidelberg. For centuries, commentaries, expositions and other forms of engagement with IBP dominated international law scholarship. A very large portion of what we now regard as primary sources in international law was originally written as secondary literature on IBP; and all major international law scholars had engaged with IBP since its first appearance in 1625. At key moments, including the demise of the Holy Roman Empire, the fall of Napoleon and the end of both world wars, multinational projects were devoted to restarting international law by reissuing IBP with new commentaries.

What if we could find and systematise all the annotations that thousands of statesmen, diplomats, and international law scholars have left in their copies over the last 400 years? Our project’s premise is that despite the enormous literature on IBP’s reception and influence, we cannot understand its impact without uncovering the history of IBP as a physical object, with thousands of unpublished annotations arguing or agreeing with the text, and updating and adapting its contents. Though a great deal has been written about the iconic role of IBP, what has never before been done is a census bibliography that locates and examines every surviving copy, and documents and analyses readers’ annotations, and the copies’ dissemination and movement over time throughout the world. When finished, the census will transform our understanding of the historical trajectories of international law.

 

REMINDER CFP: Grotian law and modernity at the dawn of a new age 400 years of De jure belli ac pacis 1625-2025 International Conference (The Hague: Leiden University Wijnhaven Campus, 19-20 JUN 2025); DEADLINE 1 MAY 2024

 


 (image: medal representing Grotius as "phenix of the fatherland" and "oracle of Delft", 1739; Germanisches Nationalmuseum/Europeana)


Grotian law and modernity at the dawn of a new age

400 years of De jure belli ac pacis 1625-2025

International Conference 19-20 June 2025

Leiden University Wijnhaven Campus, The Hague

 

Call for papers

 

On the occasion of the 400th anniversary of the first publication of De jure belli ac pacis by Hugo Grotius in 1625, an international conference will be organized by the Grotiana Foundation, the Paul Scholten Centre for Jurisprudence at the University of Amsterdam, the Grotius Centre for International Legal Studies at the University of Leiden and the Department of Public Law and Governance at Tilburg University.

 

In 1925, the third centenary of the first publication of Hugo Grotius’ most seminal work on the law of nations, De jure belli ac pacis libri tres (Three Books on the Law of War and Peace) offered the occasion for elaborate festivities and commemorating activities in and outside the Netherlands. The anniversary was organized against the backdrop of a revival of interest in Grotius as a trailblazer for international law among proponents of the international ‘peace through law’ movement, which went back to the Hague Peace Conferences and was given new traction after the Great War.

 

In the past few decades, international academic interest has widened beyond the scope of international law to encompass the full extent of Grotius’ life, thought and works across the disciplines. The mainstream narratives of Grotius as ‘father of international law’ and visionary defender of international peace and justice have given way to more nuanced readings of his life and work, as well as his many receptions and revivals, against the changing patterns of social, political and ethical ideas and values. In recent years, Grotius’ role both as an actor in the Dutch imperialist enterprise and a defender of unity and reconciliation among the Christian confessions have been highlighted. All this solicits critical reconsiderations of De jure belli ac pacis and Grotius’ role in the history of international law.

 

The major aim of the conference is to foster new narratives on the thought of Grotius, in general legal theory as well as in international law against a the backdrop of present-day rapid, fundamental changes that challenge the very foundations of the modernist paradigm, of which Grotius may be considered a key trailblazer. The core question of the academic conference is to what extent Grotian thought about general legal theory and international law is still relevant today, and what adaptations current foundational changes to our world make necessary. In this context, discussion of the many trajectories of reception, appropriation and reinterpretation of Grotius in different times and places, offers a valuable, additional perspective.

 

Through the conference ‘Grotian law and modernity at the dawn of a new age’, the organizers want to stimulate debate on the constitutional impact of current changes for the global legal order through the lens of a long-term historical analysis. The speakers in the conference are invited to reach back to Grotius’ thought and work as a starting point for discussing the foundations of the modern legal order of the past four centuries and the changes this is currently undergoing. They are asked to use this long-term historical framework to make sense of current upheavals and look for direction towards the future of law.

 

The conference program falls into three parts (with parallel sessions).


Part I ‘Lineages of Grotian thought’ discusses the material and ideological receptions, reinterpretations and appropriations of De jure belli ac pacis at different times during the past four centuries. It assembles a number of papers that trace the lineages, in terms of material history or content, of Grotius’ ideas with regards to different branches of legal theory or practical law. It looks to reviewing traditional, often celebratory narratives of Grotius from the late nineteenth and twentieth centuries from the perspective of a wide array of themes including political and economic governance, human rights, imperialism or (in)equality.

 

Part II ‘Modernity and the dawn of a new age: general theory of law and governance’ and Part III ‘Modernity and the dawn of a new age: international law and governance’ address the question of the significance of current changes for the constitution of a new global legal order, using De jure belli ac pacis as a platform for discussing the development, transformation and superseding of modern law.

Part II concerns general questions of the theory of law and governance.

Part III pertains to specific questions of public international law.

 

At the end of the second day, an academic session will be organized for a wider audience, with a key note speech and a panel discussion on the core topic of the conference.

 


Invitation to speakers

 

In addition to three keynote speakers, the organizers invite twelve speakers for each of the three thematic parts of the conference.

 

Candidates are requested to send in an abstract of 250-400 words and short c.v. of max. 100 words to the general convener, Randall Lesaffer (lesaffer@tilburguniversity.edu) by 1 May 2024. Please mention your affiliation and indicate a preference for one of the three conference themes.

 

The event takes place in person without online presentations. The organization is not in a position to fund accommodation or travel expenses and invites selected speakers to search for funding themselves. Those selected speakers for whom this is impossible, are requested to contact the general convener on this.

 

Propositions will be assessed by the Organizing Committee and selected on the basis of the quality of abstracts and the fit with the programme.

 

Part I ‘Lineages of Grotian thought’

Convener: Mark Somos

Keynote speaker: Martine van Ittersum

The material conditions of the production and reception of De jure belli ac pacis form a neglected and highly rewarding field of research. Recent studies of the printing history of various editions have started to clarify Grotius’ own role in the revision and timing of new editions; piracy and rivalry among publishers; the marketing strategy for each edition; and the dissemination and movement of copies. The burgeoning study of annotations that legal scholars, aristocrats, municipal and imperial administrators, prominent politicians and thinkers have left behind in their copies of De jure belli ac pacis is shedding new light on the hitherto unseen history of this work’s real impact. Early insights into the lineages of Grotian thought that only close attention to the surviving copies’ materiality can provide include the intensity and ingenuity of the Catholic reception of De jure belli ac pacis. Another set of discoveries that emerges from the material heritage of De jure belli ac pacis reveals historical moments of focused interest in specific passages of the text in response to crises that previous historiography has never considered to be part of the book’s reception, such as the breakup of the Iberian Union, nineteenth-century abolitionism, or the start of World War I. Grounding the reception history of De jure belli ac pacis in the book’s materiality is essential for recovering the four centuries of its impact in full, from its earliest classroom use to its latest invocation in front of an international tribunal, as well as for reassessing Grotius’ role in the evolution of the laws of war, the relationship between morality and law, sovereignty, natural rights, freedom of navigation and imperialism.

Part I welcomes proposals for papers on the various editions’ printing history, surviving annotations, evidence of the book’s use in classrooms, in court and the corridors of power,  and the broader relationship between the material and intellectual receptions of De jure belli ac pacis. We thereby expressly invite papers on receptions of and engagements with Grotius in different parts of the world.

 

 

Part II ‘Modernity and the dawn of a new age: general theory of law and governance’

Convener: Marc de Wilde

Keynote speaker: Annabel Brett

In De jure belli ac pacis, Grotius developed three ideas that have been recognized as major innovations in legal theory. First of all, he presented natural law as the moral foundation of both domestic and international legal systems. Secondly, he revolutionized the traditional understanding of natural law by focusing on the natural rights of individuals. And thirdly, he distinguished between natural law and religious belief, arguing that the rights of individuals had to be protected irrespective of religious differences. With these ideas, Grotius stood at the cradle of the modernist paradigm of legal theory which emphasized the need for a secular and universal legal order based on individual rights. However, depending on the context in which Grotius’s theory was applied, its meaning proved to be ambiguous. Thus, Grotius’s concept of natural law was also used to justify imperialism and colonialism, and it served to legitimize the practice of slavery. Moreover, present-day challenges, such as climate change or the rise of artificial intelligence, require us to reconsider the main assumptions behind Grotius’s theory, such as his notion of the free will or the unlimited availability of natural resources. The speakers are invited to reflect critically on Grotius’s contribution to legal theory and its present-day relevance by presenting papers on the following topics: the universality of natural law (or its limitations), individual rights as foundation of the legal system (and its potential downsides), the relation between natural law, imperialism and slavery, the challenges new technologies pose to the free will and legal regulation, and the state’s role in balancing individual rights and the public good (as, for instance, in the case of climate change).

  

Part III ‘Modernity and the dawn of a new age: international law and governance’

Convener: Eric De Brabandere

Keynote speaker: Hilary Charlesworth

This part pertains to specific questions of contemporary and future public international law. The actual text of De jure belli ac pacis libri tres is often neglected, given the wealth of secondary sources.  This part of the conference invites critique and examination of the potential of De jure belli ac pacis as a text with contemporary relevance. To this end, Part III invites papers that critically explore the Grotian traditions and its potential impact on particularized problems of contemporary international law. Of special interest are papers that adopt a critical lens to the Grotian legacy in the sphere of international humanitarian law and international criminal law. Critical analysis of the idea of a ‘Grotian Moment’ and the mainstream progress narrative of international law is invited.  Analysis of Grotius’ work on the treatment of foreigners and enemies (of all humankind or otherwise) is welcome, as are papers examining Grotian legacy in the context of jus post bellum (the transition from armed conflict to a just and sustainable peace). Ultimately, this section of the conference hopes to imagine how Grotius’ great work could be used to better manage the problems of, if not the next 400 years, at least the next 40.

 

Speakers are expected to turn in a draft paper before 1 June 2025. Papers will be distributed to the participants in advance of the conference. Those papers which pass peer review will be published in both the journal Grotiana (New Series) as well as collected in a separate book with Brill.

 

Organizing committee

 

Jeroen Vervliet (Grotiana), chair

Eric De Brabandere (Grotius Centre for International Legal Studies, University of Leiden), convener ‘International law and governance’

Randall Lesaffer (Department of Public Law and Governance, Tilburg University & Grotiana), general convener

Janne Nijman (Department of Public International Law, University of Amsterdam)

Marc de Wilde (Department of Jurisprudence, University of Amsterdam & Grotiana), convener ‘General legal theory and governance’

Mark Somos (Grotiana), convener ‘Lineages of Grotian thought’

 

Further introduction to the conference theme

 

In international law, the term ‘Grotian moments’ is sometimes used to indicate times and occurrences of fundamental change in the constitution of the international legal order. The phrase carries the implication that Grotius’ De jure belli ac pacis was constitutive for the new international order that emerged at the dawn of the modern age.

Grotius’ De jure belli ac pacis is undoubtedly one of the most iconic texts from Western legal history. While this is widely recognized in relation to international law or natural law jurisprudence, its relevance extends beyond the confines of international law into that of law and governance at large. In many ways, Grotius’ major legal treatise has been and remains a major source for imagining, articulating and debating law as both the guarantor of individual autonomy and an instrument of state policy under the paradigm of modernity.

The Western paradigm of modern law came to full fruition during the late 19th and early 20th centuries, the heyday of the sovereign nation-state.  The paradigm of modern law may be caught under its following core features: 1) the autonomy of the individual human being as foundation for social order; 2) consent as the basis for the legal organization of both private transactions and public authority; 3) the separation of a private sphere of liberty from a sphere of public interest; 4) the understanding of the role of public authority and law in terms of balancing between individual autonomy and public interest; 5) the claim to exclusive jurisdiction over law making and law enforcement by the state both in internal and international relations; 6) the global expansion of this model in the context of imperialism, colonization and decolonization.

De jure belli ac pacis held no blueprint for this modern law paradigm, but contained many building blocks, both great and small. Although the question of justice in war stood at the heart of the treatise, Grotius framed it in the context of a novel general theory of law, and did so by addressing a plethora of fundamental issues of private, constitutional and criminal law. Grotius’ reimagination of natural law in terms of individual and individually enforceable rights preconfigured the foundational role of the autonomy of the individual as the key constitutional principle of the modern nation-state with its separation of a private from a public sphere. His contract theory of the state and his equation of the natural rights of the state with those of the individual allowed for the elevation of the state to the sovereign creator of positive law. At the same time, his acknowledgment of the autonomy of natural law from Christian religion allowed to create a standard of justice that was said to derive from universal principles of humanity but at the same time was laden with the inheritance of hundreds of years of Christian and European intellectual tradition.

 

De jure belli ac pacis does not just stand at the foundations of modern law. For four hundred years it has retained currency as a source of inspiration to argue for new turns and twists along the path of the emergence, the maturation and the transformation of modern law. If 19th-century international lawyers hailed Grotius for having given autonomy to international law as the preserve of the sovereign state, their 20th-century successors have seen in him the remote trailblazer for the supremacy of the international community over the state. In this sense, the relevance of Grotius’ thought has proven resilient to many of the most fundamental changes of the past four centuries and has survived several ‘Grotian moments’ so far.

The two decades that have lapsed since the beginning of the 21st century have witnessed tremendous and profound changes that challenge the very basis of the modern law paradigm. The globalization of economic and social life together with the empowerment of the individual and non-state agents have severely weakened the claims of states to exclusive jurisdiction, furthering the erosion of traditional state-based institutions and principles of democracy and rule of law. The relative decline of the West and the resilience of authoritarianism question the universalism that for the better part of two centuries has been part of the Western paradigm of modernity. Climate change is putting a hard stop on the belief in the unending possibilities of the growth of humankind and its ‘pursuit of happiness’ at the cost of the planet, while according to some the rise of artificial intelligence challenges the very centrality of consent, free will and individual autonomy.

The 400th anniversary of the first publication of Grotius’ De jure belli ac pacis offers an excellent occasion to question the impact of current global changes on the existent global order in terms of a paradigmatic shift away from the modern understanding of law.

SEMINAR: Julie ROCHETON, The Genesis of Nineteenth-Century Civil Codes in the United States [Legal History Library, eds. Remco VAN RHEE, Dirk HEIRBAUT & Matthew C. MIROW; 66] (Leiden/Boston: Martinus Nijhoff/Brill, 2024), ISBN 978-90-04-68996-1 (Versailles: Université de Versailles (Paris Saclay); 28 MAR 2024)

 

(image source: Brill)

Book abstract:

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts.

Blurbs:

“Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory 

On the author:

Julie Rocheton, Ph.D. (2021), Universitat de València, Master in Legal History (2013), Université Pantheon-Assas, is a postdoctoral researcher at the Max Planck Institute for Legal History and Legal Theory in Frankfurt am Main, Germany.

Roundtable abstract:

Le jeudi 28 mars, de 15h à 17h, dans les locaux du laboratoire DANTE, se tiendra une table ronde consacrée à la codification aux États-Unis. À cette occasion, Mme Julie Rocheton, docteur en histoire du droit, présentera son ouvrage tout juste publié, tiré de sa thèse de doctorat : The Genesis of Nineteenth-Century Codes in the United States (publié chez Brill).

Roundtable participants:

Aniceto Masferrer (Universtitat de València); Claire Bouglé-Le Roux (Université Paris-Saclay (Versailles))

Roundtable address:

Laboratoire DANTE 2nd Floor Faculté de droit de Versailles - UVSQ (Paris Saclay) 3 rue de la Division Leclerc 78280 GUYANCOURT FRANCE

For the book see here: DOI  10.1163/9789004689978.

JOB OFFERS: Three PhD students for the newly established research group “The Hidden Heritage of the European Union: the Legacy of the Law of the League of Nations” - (Frankfurt/Main, Max Planck Institute for Legal History and Legal Theory) [DEADLINE: 1 May 2024]




We are looking to recruit from July 2024 onwards

Three PhD students (m/f/div)

for the newly established research group
“The Hidden Heritage of the European Union: the Legacy of the Law of the League of Nations”
directed by Dr. Michel Erpelding.

The research group

Conventional accounts of European integration have often insisted on the novelty of the supranational law developed in that context, asserting its ‘sui generis’ character and highlighting its differences with earlier forms of international and regional integration. However, recent scholarship has questioned this view, noting that forms of supranational law and institutions already existed during the interwar period. This was the case within the League of Nations and its broader context, which included international(ized) institutions both in Europe (e.g. Danzig, Saar, Upper Silesia…) and in (semi-)colonial settings (e.g. League mandates, international cities, protectorates…). The research group’s central aim will be to identify the continuities and discontinuities between the law of these interwar institutions and the law developed within the context of European integration. To do so, it will not only look at the relevant institutions and the norms they generated, but also at the actors that developed and used these norms, whether as legal professionals or as ‘subaltern’ individuals or groups.

Possible research themes, which, ideally, should cover both the interwar period and the early stages of European integration, include:

  • the law and practice of/before/vis-à-vis supranational institutions (including courts);
  • the protection and representation of labour;
  • the role of the International Chamber of Commerce;
  • the relation between regional integration and global trade liberalization.

Job description

Your key responsibility is to develop and complete a doctoral dissertation within the confines of the research group’s central aim, possibly (but not exclusively) in relation to one of the abovementioned research themes. You are also expected to publish and disseminate your research findings in close co-operation with the other members of the research group, including by contributing data to an online repository.

Your profil

A university degree in law, humanities or social sciences that has been completed with above-average success is required. You have an excellent command of English, both spoken and written and are proficient in either French or German. Knowledge of other languages relevant to the project (e.g. Arabic, Italian, Polish, Spanish…) is not a requirement but will be considered as an asset.

Your curriculum vitae shows the potential to conduct research at an internationally high level. You work meticulously and are able to handle deadlines. You work independently and have a strong interest in interdisciplinary, archival and comparative work. You have the ability to play an active collaborative role in the research group.

Our offer

We offer an attractive and international work environment with an unparalleled research infrastructure and a good working atmosphere. The payment is currently 3,000 € per month (gross), which equals approximately 2,045 € after taxes, depending on family circumstances, plus a special annual payment. The job is a full time position (currently 39 hours per week). While you will be based in Frankfurt/Main, there are generous opportunities for mobile working (at present, up to 40 per cent per month). The position is a fixed-term appointment for three years, with the possibility of renewal for a further year in exceptional circumstances. There is no obligation or expectation to teach, although we encourage you to take up limited teaching assignments if you wish to do so.

You will have unlimited access to our world leading library and a multitude of databases. You will be provided with a work space and will receive extensive academic and administrative support. There are generous grants for research trips to archives and libraries, as well as for attending conferences. A variety of personal and career development opportunities is available, including funding for German language classes.

The Max Planck Society is committed to increasing the number of individuals with disabilities in its workforce and therefore encourages applications from such individuals. Furthermore, the Max Planck Society seeks to increase the number of women in those areas where they are underrepresented and therefore explicitly encourages women to apply.

The Max Planck Society strives for gender equality and diversity. We welcome applications from all backgrounds.

15 March 2024

BOOK: Isabella LAZZARINI, L'Italie des États territoriaux. XIIIe-XVe siècle (trad. Michèle GRÉVIN) [EHESS-Translations] (Paris: Editions de l'EHESS, 2024), ISBN 978-2-7132-3375-3, € 25

 

(image source: EHESS)

Abstract:
Vingt ans après sa publication, voici la traduction d’un classique résultant de plusieurs décennies de recherches, L’Italia degli Stati territoriali. Secoli XIII-XV. Isabella Lazzarini livre dans ce texte l’essence des débats qui ont agité l’historiographie italienne sur l’évolution de l’Europe politique et la naissance de l’État moderne. De plus, elle y propose une grammaire du fonctionnement politique des sociétés italiennes de la fin du Moyen Âge et de la Renaissance. Cet ouvrage éclaire d’un jour nouveau le sujet complexe des « deux Italies ». À partir d’un vaste panorama historiographique, l’autrice y retrace le parcours qui mène des régimes politiques que tout oppose, tels que les communes, les royaumes ou les seigneuries, à la création d’États indépendants mais interconnectés. Réfutant la partition entre Italie du Nord, foyer de toutes les modernités (urbanisation, développement économique, etc.), et Italie du Sud, enlisée dans un supposé archaïsme (économique, social, politique, etc.), elle analyse le développement simultané de ces entités et la naissance d’un langage commun au sein du jeu global italien. Ce réseau de pouvoirs en équilibre instable, véritable laboratoire politique à l’échelle européenne dont il s’agit ici de faire la généalogie, dessine la voie italienne vers l’État moderne, barrée à la fin du XVe siècle par l’essor des royaumes de France et d’Espagne.

Read more here