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

248 A Positive Century (1815–1914) states, corresponding to treaties, which are express agreements. As such, customary rules, ...

Breaking with the Past 249 various rules. Th e current state of international law was readily acknowl- edged to be primitive in ...

250 A Positive Century (1815–1914) law seems to imply at least some kind of community of broadly like- minded states. On the who ...

Breaking with the Past 251 but rather the “negative” one of settling or forestalling disputes. In a plural- istic world of in de ...

252 A Positive Century (1815–1914) and their off shoots)— but that was equality of only a limited sort. It will presently be see ...

Breaking with the Past 253 rule as binding on itself— is the potent force that transmutes a mere pattern of state practice into ...

254 A Positive Century (1815–1914) work. War is an instructive topic, too, in the way that it reveals the variant positions of t ...

Breaking with the Past 255 ciple of freedom” left states free to choose this option of dispute settlement over others, at will ( ...

256 A Positive Century (1815–1914) relations. And there was a strong concern to reduce the horrors and suff er- ing of war by wa ...

Breaking with the Past 257 furthest cry from the writing of Vitoria or Grotius, or even Vattel, who had fully accepted that bein ...

258 A Positive Century (1815–1914) On this view of things, there was little (if any) room left for the interna- tional lawyer as ...

Breaking with the Past 259 they favored on other grounds. “Po liti cal considerations” and “patriotic in- terests,” Bonfi ls bel ...

chapter seven Dissident Voices E ven at its highest tide, mainstream positivism did not have a monopoly over international legal ...

Dissident Voices 261 positivists. To the liberals, the principal focus was on individuals. Th e nation- ality school concentrate ...

262 A Positive Century (1815–1914) very crucially based on an intrinsic sense of law or rightness, combined with the important p ...

Dissident Voices 263 alliance between natural and positive law. Th e spirit of Vattel and G. F. von Martens did not die out. An ...

264 A Positive Century (1815–1914) positive law was enforceable law. He was a strong believer in natural law while at the same t ...

Dissident Voices 265 contributions to the subject in the nineteenth century. Th e two principal ones were Johann Kaspar Bluntsch ...

266 A Positive Century (1815–1914) will of men. Most Right is not invented, but discovered and recognised, found not formed. B ...

Dissident Voices 267 ground of infringement of the rights of humanity: those promoting or pro- tecting slavery, those refusing r ...