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Books > Law > International law > Public international law
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Rewriting the History of the Law of Nations - How James Brown Scott Made Francisco de Vitoria the Founder of International Law (Hardcover)
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Rewriting the History of the Law of Nations - How James Brown Scott Made Francisco de Vitoria the Founder of International Law (Hardcover)
Series: The History and Theory of International Law
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In the interwar years, international lawyer James Brown Scott wrote
a series of works on the history of his discipline. He made the
case that the foundation of modern international law rested not, as
most assumed, with the seventeenth-century Dutch thinker Hugo
Grotius, but with sixteenth-century Spanish theologian Francisco de
Vitoria. Far from being an antiquarian assertion, the Spanish
origin narrative placed the inception of international law in the
context of the discovery of America, rather than in the European
wars of religion. The recognition of equal rights to the American
natives by Vitoria was the pedigree on which Scott built a
progressive international law, responsive to the rise of the United
States as the leading global power and developments in
international organization such as the creation of the League of
Nations. This book describes the Spanish origin project in context,
relying on Scott's biography, changes in the self-understanding of
the international legal profession, as well as on larger social and
political trends in US and global history. Keeping in mind
Vitoria's persisting role as a key figure in the canon of
international legal history, the book sheds light on the
contingency of shared assumptions about the discipline and their
unspoken implications. The legacy of the international law Scott
developed for the American century is still with the profession
today, in the shape of the normalization and de-politicization of
rights language and of key concepts like equality and rule of law.
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