Full Description
It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.
Contents
General Introduction; I. The Use of Force in Nineteenth Century Doctrine: More than a Naturalist Fantasy: Introduction. Aim, Methodology and Outline; 1. The 'Use of Force' in the nineteenth century: some conceptual clarifications; 2. The use of force in writings of 'Naturalist' inclination; 3. The use of force in writings of 'Eclectic' inclination; 4. The use of force in writings of 'Positivistic' inclination; Conclusion. Some thoughts on the differences between past and present scholarship on the use of force; II. The Use of Force in Nineteenth Century Practice: Law Beyond Morals and Politics: Introduction. Aim, Methodology and Outline; 5. Justifying the use of force in the 'Centre'; 6. Justifying the use of force in the 'Semi-Peripheries'; 7. Justifying the use of force in the 'Peripheries'; Conclusion. Some thoughts on the differences between past and present practice of justifying force; III. The Narrative of Indifference in the Twentieth Century: Disciplinary Identity and Legitimacy: Introduction. Aim, Methodology and Outline; 8. Disciplinary beliefs about international law and the narrative of indifference: a mirror-effect; 9. The emergence of the narrative of indifference in the interwar: preserving identity by restoring credibility; Conclusion. Some thoughts on the persistence of the narrative of indifference in modern-day doctrine; General Conclusion; Bibliography; Index.
