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An Introduction to the History of International Law1

Published online by Cambridge University Press:  04 May 2017

Extract

For a long time writers on international law took it for granted that the subject of their studies was a relatively recent product of modern civilization, and that the ancient world did not know any system of international law. If we go back to the literature of the nineteenth century, we can find a certain feeling of pride among internationalists that international law was one of the best fruits of our civilization and that it was a system which distinguished us from the ancient barbarians. Some of these writers paid special attention to this question of origins and endeavored to explain why the ancient world never could have had any international law.

Type
Research Article
Copyright
Copyright © American Society of International Law 1924 

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Footnotes

1

This article is based upon the first of a series of lectures on “ The Historical Development of International Law from the Seventeenth Century,” delivered by the author before the Academy of International Law at The Hague. This lecture was delivered on July 16,1923, and was the first lecture delivered before the Academy, which was formally opened in the Peace Palace on July 14, 1923. (See editorial in the October, 1923, number of this Journal, 17, page 746.)—Editor.

References

2 Laurent is probably the most prominent representative of that school of thought. Thispoint of view was defended also by Th. Martens, on whose famous text book more than onegeneration of lawyers based their education.

3 SirVinogradoff, Paul Outlines of Historical Jurisprudence, Vol. II.Google Scholar

4 , Chybichovski Antikes Vdlkerrecht Google Scholar; Vinogradoff, , Outline of Historical Jurisprudence, Vol. II, 1923 Google Scholar; Roatovtseff, M. American Historical Review,January, 1921.Google Scholar

5 Cf.the works cited above, but especially Sir Paul Vinogradoff, op. cit., Vol.II.

6 Cf.Scala, op. cit., and Tod,op. tit.

7 Louis is said to have had more than seventy diplomatic agents all over Western Europe,and very numerous secret agents and spies also working for his diplomatic purposes.