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14 - Receptions of Vattel in Nineteenth- and Twentieth-Century International Law

from Part III - Receptions

Published online by Cambridge University Press:  11 June 2021

Peter Schröder
Affiliation:
University College London
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Summary

The turn of the nineteenth century is widely seen in histories of international law as a watershed moment, when the naturalism of the eighteenth century paved the way for legal positivism in the nineteenth and twentieth centuries. Intellectual historians and legal theorists have generally hailed Vattel as the truly decisive break from the earlier tradition of jurisprudence associated with Gentili and Grotius. The natural law framework of his predecessors relied on universally recognizable principles based in reason, whereas Vattel’s emphasis on consent and voluntarism oriented ‘international law … on its positivist career’ and infused it with ‘wholesome realism.’

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Publisher: Cambridge University Press
Print publication year: 2021

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References

Further Reading

Beaulac, S., ‘Emer de Vattel and the externalization of sovereignty,’ Journal of the History of International Law 5 (2003), 237292.Google Scholar
Brierly, J. L., The Law of Nations: An Introduction to the International Law of Peace (Oxford, 1963).Google Scholar
Hunter, I., ‘Vattel’s Law of Nations: Diplomatic casuistry for the protestant nation’, Grotiana 31 (2010), 108140.Google Scholar
Kalmanovitz, P., ‘Sovereignty, pluralism, and regular war: Wolff and Vattel’s Enlightenment critique of just war,’ Political Theory 46.2 (2017), 121.Google Scholar
Koselleck, R., Critic and Crisis: Enlightenment and the Pathogenesis of Modern Society (Cambridge, MA, 1988).Google Scholar
Nakhimovsky, I., ‘Carl Schmitt’s Vattel and “The Law of Nations” between Enlightenment and revolution,’ Grotiana 31 (2010), 141161.Google Scholar
Schmitt, C., Nomos of the Earth in the International Law of the Jus Publicum Europaeum, translated by Ulmen, G. L. (New York, 2003).Google Scholar

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