Pub Date : 2020-04-02DOI: 10.1093/oso/9780198842934.003.0015
G. Bartolini
This chapter addresses the difficult relationship of the Italian doctrine with regard to the dramatic historical and political events occurring during the early decades of the twentieth century. In particular an examination of the legal implications of World War I, its main output of the League of Nations, and the impact on international law of activities carried out by the fascist government have been the focus of interest in this chapter. Such largely unexplored topics permit us to assess the role of Italian scholars during those challenging decades. Their active involvement in debates occurring at the time permit to identify nationalistic biases, open endorsement of external politics carried out by Italian governments, cases of self-censorships and their professional involvement as legal advisers for the government in complex situations. This analysis emphasises difficulties to maintain their self-proclaimed adherence to the positive law dogma aimed to build up a scholarship deprived of any political influence.
{"title":"Italy between the Two World Wars","authors":"G. Bartolini","doi":"10.1093/oso/9780198842934.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198842934.003.0015","url":null,"abstract":"This chapter addresses the difficult relationship of the Italian doctrine with regard to the dramatic historical and political events occurring during the early decades of the twentieth century. In particular an examination of the legal implications of World War I, its main output of the League of Nations, and the impact on international law of activities carried out by the fascist government have been the focus of interest in this chapter. Such largely unexplored topics permit us to assess the role of Italian scholars during those challenging decades. Their active involvement in debates occurring at the time permit to identify nationalistic biases, open endorsement of external politics carried out by Italian governments, cases of self-censorships and their professional involvement as legal advisers for the government in complex situations. This analysis emphasises difficulties to maintain their self-proclaimed adherence to the positive law dogma aimed to build up a scholarship deprived of any political influence.","PeriodicalId":383274,"journal":{"name":"A History of International Law in Italy","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130602906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-02DOI: 10.1093/oso/9780198842934.003.0007
A. Tancredi
This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.
{"title":"The (Immediate) Post-World War II Period","authors":"A. Tancredi","doi":"10.1093/oso/9780198842934.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198842934.003.0007","url":null,"abstract":"This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.","PeriodicalId":383274,"journal":{"name":"A History of International Law in Italy","volume":"113 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141216752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1093/oso/9780198842934.003.0001
G. Bartolini
This chapter provides the theoretical background of the volume and illustrates its structure and rationale. It tackles the growing debate on the need to explore international law from comparative and situated perspectives, a debate emphasizing how scholarship has partly been driven by the convergence of global dynamics and context-dependent solutions based on local features and key historical and political events in a continuum process of attractions and frictions. In this regard a review of the Italian context could contribute to a better appreciation of such dynamics, providing helpful points of reference to elaborate a proper global picture of challenges faced by international law, its institutions, and scholarship in the past, shedding light on a national perspective left at the margins of current historical research due in part to language barriers.
{"title":"What is a History of International Law in Italy for? International Law through the Prism of National Perspectives","authors":"G. Bartolini","doi":"10.1093/oso/9780198842934.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780198842934.003.0001","url":null,"abstract":"This chapter provides the theoretical background of the volume and illustrates its structure and rationale. It tackles the growing debate on the need to explore international law from comparative and situated perspectives, a debate emphasizing how scholarship has partly been driven by the convergence of global dynamics and context-dependent solutions based on local features and key historical and political events in a continuum process of attractions and frictions. In this regard a review of the Italian context could contribute to a better appreciation of such dynamics, providing helpful points of reference to elaborate a proper global picture of challenges faced by international law, its institutions, and scholarship in the past, shedding light on a national perspective left at the margins of current historical research due in part to language barriers.","PeriodicalId":383274,"journal":{"name":"A History of International Law in Italy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132150233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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