Justice among Nations. A History of International Law - Stephen C. Neff

208 Reason and Its Rivals (ca. 1550– 1815) of natural right on behalf of a liberated people. Th is controversy formed one of the ...

Of Spiders and Bees 209 humanitarian and literary fi gure, as well as an early supporter of the revolu- tion in general, and of ...

210 Reason and Its Rivals (ca. 1550– 1815) In all events, Martens and Ward need not have been unduly worried about Grégoire’s pr ...

Of Spiders and Bees 211 was a French writer and po liti cal fi gure, Henri François d’Aguesseau, who ser ved as procurator gener ...

212 Reason and Its Rivals (ca. 1550– 1815) seizing foodstuff s as contraband of war. Th e issue was decided in the Ameri- cans’ ...

Of Spiders and Bees 213 sisted the war eff ort of a belligerent, the classic example being the carriage of troops. Even if Scott ...

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III A Positive Century (1815 –1914) ...

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Th ere is no law of nations outside of the customs followed by nations and the obligations contracted by States. —Théophile Func ...

218 A Positive Century (1815–1914) century. It had become scientifi c in the nineteenth- century sense of that term— meaning a b ...

A Positive Century (1815–1914) 219 It was an age, too, of contradiction (as all ages are). Th e palpable sense of progress was a ...

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chapter six Breaking with the Past B y – , French revolutionaries and their grand principles were in very bad odor— at lea ...

222 A Positive Century (1815–1914) Th is principled rejection of natural law lay at the heart of the positivist philosophy of in ...

Breaking with the Past 223 Two features of Comte’s positive philosophy are of par tic u lar note. One is of a negative character ...

224 A Positive Century (1815–1914) At the core of Austin’s positivist theory of law was the insistence that law, properly speaki ...

Breaking with the Past 225 In place of natural law as the ultimate source of international law, the positivists substituted the ...

226 A Positive Century (1815–1914) what the law actually is. Questions of what the law should be were for moral phi los o phers ...

Breaking with the Past 227 state practice. Th e general scientifi c ethos of positivism as an observational discipline was most ...