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

228 A Positive Century (1815–1914) philosophy. It attained its position of dominance by way of gradual conver- sion rather than ...

Breaking with the Past 229 returned to Argentina and became a member of the Chamber of Deputies. In 1852, he entered the Argenti ...

230 A Positive Century (1815–1914) of Luxembourg, was a professor at the École libre des sciences politiques in Paris, with soci ...

Breaking with the Past 231 unclouded by moralistic or natural- law sentiments as to what the practice of states should be. Th e ...

232 A Positive Century (1815–1914) Th e two most prominent spokesmen of the common-will variant of posi- tivism were Heinrich Tr ...

Breaking with the Past 233 will of the two parties, in the sense that each party is placed under precisely the same obligation a ...

234 A Positive Century (1815–1914) a  right to declare the treaty rescinded. But that is not so for a law- treaty, which remains ...

Breaking with the Past 235 It remains the case, though, that the state is in a dilemma. If it adheres to its constitution, then ...

236 A Positive Century (1815–1914) that the general principle of pacta sunt servanda is itself the product of agree- ment by sta ...

Breaking with the Past 237 clear implication that the society, rather than the individual members of that society, is the fundam ...

238 A Positive Century (1815–1914) was, in reality, merely the sovereign state’s own national law applied to the area of foreign ...

Breaking with the Past 239 will outside of itself. Th e state that prevails between states is therefore a completely lawless one ...

240 A Positive Century (1815–1914) In time, a somewhat more moderate form of voluntarism was advanced, which was able to accommo ...

Breaking with the Past 241 ternal authority but rather by its own intrinsic nature. Th ere are legal limita- tions, then, on sta ...

242 A Positive Century (1815–1914) the Rechtsstaat. Th eir solution to the challenge of world order was not to in- stall a globa ...

Breaking with the Past 243 best one to follow, on purely rational, utilitarian grounds. Th e Axelrod experiment, to be sure, was ...

244 A Positive Century (1815–1914) account of it here. It will suffi ce to note its most salient features, on which there was at ...

Breaking with the Past 245 of life, by defi nition, precludes others from stepping in uninvited and dictat- ing policies or form ...

246 A Positive Century (1815–1914) identifi ed two of them: a right of self- preservation and a right to propagate the human spe ...

Breaking with the Past 247 course of things— such as mounting an armed incursion into another state’s territory in time of peace ...