{"title":"Legislating Utopia","authors":"Wouter De Rycke","doi":"10.1163/15718050-12340146","DOIUrl":null,"url":null,"abstract":"\nThis article deals with the contribution of one exponent of the first generation of institutional pacifist internationalism to the rise of ius contra bellum. Traditionally associated with events from the late nineteenth century onwards, this significant paradigm shift knew an extensive prehistory. Legal scholarship has long dismissed the ‘peace friends’ of the mid-century as either not legalistic or solely focussed on arbitration. The article will argue that this longstanding bias has precluded a profound engagement with legal discourse within the early international peace movement. It will do so through a contextual legal analysis of the works of Louis Bara, a young Belgian lawyer who won first prize for his lengthy and controversial peace essay at the famous Paris peace conference of 1849. This neglected jurist articulated an enduring popular desire to develop a liberal international legal project, which both the peace movement and international law as a discipline increasingly internalized.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"42 1","pages":"1-41"},"PeriodicalIF":1.1000,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718050-12340146","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This article deals with the contribution of one exponent of the first generation of institutional pacifist internationalism to the rise of ius contra bellum. Traditionally associated with events from the late nineteenth century onwards, this significant paradigm shift knew an extensive prehistory. Legal scholarship has long dismissed the ‘peace friends’ of the mid-century as either not legalistic or solely focussed on arbitration. The article will argue that this longstanding bias has precluded a profound engagement with legal discourse within the early international peace movement. It will do so through a contextual legal analysis of the works of Louis Bara, a young Belgian lawyer who won first prize for his lengthy and controversial peace essay at the famous Paris peace conference of 1849. This neglected jurist articulated an enduring popular desire to develop a liberal international legal project, which both the peace movement and international law as a discipline increasingly internalized.
期刊介绍：
The object of the Journal of the History of International Law/Revue d"histoire du droit international is to contribute to the effort to make intelligible the international legal past, however varied and eccentric it may be, to stimulate interest in the whys, the whats and wheres of international legal development, without projecting present relationships upon the past, and to promote the application of a sense of proportion to the study of current international legal problems. The aim of the Journal is to open fields of inquiry, to enable new questions to be asked, to be awake to and always aware of the plurality of human civilizations and cultures, past and present.
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