Based on author's thesis (doctoral--Universite libre de Bruxelles, 2017) issued under title: Deconstructing 'indifference' : a critical analysis of the traditional historical narrative on the use of force. Includes bibliographical references (pages 329-378) and index.
Contents:
Part I: The use of force in nineteenth-century doctrine : more than a naturalist fantasy -- The 'use of force' in the nineteenth century : some conceptual clarifications -- The use of force in writings of 'naturalist' inclination -- The use of force in writings of 'eclectic' inclination -- The use of force in writings of 'positivistic' inclination -- Part II: The use of force in nineteenth-century practice : law beyond morals and politics -- Justifying the use of force in the 'centre' -- Justifying the use of force in the 'semi-peripheries' -- Justifying the use of force in the 'peripheries' -- Part III: The narrative of indifference in the twentieth century : disciplinary identity and legitimacy -- Disciplinary beliefs about international law and the narrative of indifference : a mirror-effect -- The emergence of the narrative of indifference in the Interwar : preserving identity by restoring credibility.
Summary:
"It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history"-- Provided by publisher.
Series:
Cambridge studies in international and comparative law ; 160
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.