
Contents
-
-
-
-
-
-
-
2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. The Visible Invisible: What is a Source, Then? II. The Visible Invisible: What is a Source, Then?
-
1. No Consent on Dissent 1. No Consent on Dissent
-
2. Rare Definitions of ‘Source’ 2. Rare Definitions of ‘Source’
-
-
III. Constructing Nineteenth-Century International Law: Source Matters III. Constructing Nineteenth-Century International Law: Source Matters
-
1. No Source of Sources 1. No Source of Sources
-
2. If It Matters, Put It Into the Title 2. If It Matters, Put It Into the Title
-
a. A Pre-Modern Tradition Continued: Nineteenth-Century ‘Law of Nature and of Nations’ a. A Pre-Modern Tradition Continued: Nineteenth-Century ‘Law of Nature and of Nations’
-
b. Vorsprung Durch Technik: Modernization through Historical Sources b. Vorsprung Durch Technik: Modernization through Historical Sources
-
-
3. Other Systematical Locations 3. Other Systematical Locations
-
a. Monographs on Sources a. Monographs on Sources
-
b. Defining International Law through its Sources b. Defining International Law through its Sources
-
c. Explicit Chapters on Sources c. Explicit Chapters on Sources
-
d. Implicit References in International Law Histories d. Implicit References in International Law Histories
-
e. Discussing Sources when Contending Rules e. Discussing Sources when Contending Rules
-
f. A Dualistic Structure: The ‘Practical’ and the ‘Philosophical’ Law of Nations f. A Dualistic Structure: The ‘Practical’ and the ‘Philosophical’ Law of Nations
-
-
-
IV. The ‘European Law of Nations’: A New Disciplinary Self-Understanding as a Result of a Paradigm Shift in Sources IV. The ‘European Law of Nations’: A New Disciplinary Self-Understanding as a Result of a Paradigm Shift in Sources
-
V. Debating International Law’s Normativity V. Debating International Law’s Normativity
-
1. If not Morality: The Minority Report 1. If not Morality: The Minority Report
-
2. Claims and Candidates for ‘Positivism’ 2. Claims and Candidates for ‘Positivism’
-
a. The Never-Ending End of Natural Law a. The Never-Ending End of Natural Law
-
b. Some Classical Candidates for ‘Positivism’ b. Some Classical Candidates for ‘Positivism’
-
-
3. Secularization: Divine Law as a Source? 3. Secularization: Divine Law as a Source?
-
4. Positivism as the End of Natural Law Textbooks? 4. Positivism as the End of Natural Law Textbooks?
-
5. Persistence of Natural Law as a Source 5. Persistence of Natural Law as a Source
-
a. Nineteenth-Century International Law Sources Theory: Natural Law is Still Alive and Kicking a. Nineteenth-Century International Law Sources Theory: Natural Law is Still Alive and Kicking
-
b. References to Natural Law in Various Regulatory Fields b. References to Natural Law in Various Regulatory Fields
-
c. Entanglements between Natural and Positive Law c. Entanglements between Natural and Positive Law
-
-
6. A Century of Principles 6. A Century of Principles
-
-
VI. Positivism as Legalization of International Law VI. Positivism as Legalization of International Law
-
VII. Pluralism without a Hierarchy: The (Non-)Missing Systematization of Sources VII. Pluralism without a Hierarchy: The (Non-)Missing Systematization of Sources
-
VIII. Conclusion: Reluctance to Glance in the Mirror VIII. Conclusion: Reluctance to Glance in the Mirror
-
Research Questions Research Questions
-
Selected Bibliography Selected Bibliography
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5 Sources of International Law in the Nineteenth-Century European Tradition: The Myth of Positivism
Get accessMiloš Vec Professor of Legal and Constitutional History at the University of Vienna, and Permanent Fellow at the Institute for Human Sciences (IWM), Austria.
-
Published:05 February 2018
Cite
Abstract
This chapter analyses the sources of international law in the nineteenth-century European tradition. It includes scholars and theorists from a range of nationalities, different professions and perspectives, focusing on selected authors from various European and American countries and regions between 1815 and 1914. These jurists, philosophers, political writers, and theologians discussed the notion of ‘source’ and elaborated extensively on a theory of sources. Within this canon of sources, no clear hierarchy existed, and no rules for the collision of different kind of sources were posited. The field thus remained very flexible for attaining any results when debating regulatory matters, although the authors claimed to be non-political.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 10 |
November 2022 | 8 |
December 2022 | 13 |
January 2023 | 5 |
February 2023 | 5 |
March 2023 | 13 |
April 2023 | 9 |
May 2023 | 6 |
June 2023 | 8 |
July 2023 | 6 |
August 2023 | 9 |
September 2023 | 9 |
October 2023 | 14 |
November 2023 | 18 |
December 2023 | 4 |
January 2024 | 2 |
February 2024 | 5 |
March 2024 | 11 |
April 2024 | 6 |
May 2024 | 10 |
June 2024 | 5 |
July 2024 | 9 |
August 2024 | 6 |
September 2024 | 17 |
October 2024 | 11 |
November 2024 | 15 |
December 2024 | 18 |
January 2025 | 10 |
February 2025 | 9 |
March 2025 | 11 |
April 2025 | 10 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.