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A Century of Anarchy? War, Normativity, and the Birth of Modern International Order


ISBN13: 9780192855503
Published: May 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics.

However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars.

A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).

Subjects:
Public International Law, Legal History
Contents:
Setting the Scene
1:Introduction: A Century of Anarchy, a Right to War?
2:Thesis and Antithesis: Why States Justify War

Part I. Justifying War in the 19th Century: A European Discourse
3:On the Threshold of Modernity: From Revolutionizing to Reordering War
4:Birth of an International Order
5:Between Might and Right: Justified Wars and Multiple Normativities
6:The Promise of 'Peace through Law' in the Shadow of War

Part II. Emergence of a Myth: A German Sonderweg?
7:Recht zum Krieg: A Clausewitzian Tradition
8:A Hegemonic Discourse? On Mainstream(s) and Myth(s)
9:Antinomianism: The Kaiserreich's Politics of Justifying War
10:Old Order, New Order: Historiography between Anarchy and Progress

Conclusion
11:War, Normativity, and the Birth of Modern International Order

Series: The History and Theory of International Law

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Preparing for War: The Making of the 1949 Geneva Conventions ISBN 9780198868071
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The Invention of Custom: Natural Law and the Law of Nations, ca. 1550-1750 ISBN 9780192897954
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The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations ISBN 9780198755531
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The Battle for International Law: South-North Perspectives on the Decolonization Era ISBN 9780198849636
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The New Histories of International Criminal Law: Retrials ISBN 9780198829638
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Law and the Political Economy of World Hunger ISBN 9780198823940
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Nineteenth Century Perspectives on Private International Law ISBN 9780198819844
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The Hidden History of International Law in the Americas: Empire and Legal Networks ISBN 9780190622343
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The Law of Nations in Global History ISBN 9780198766070
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To Reform the World: International Organizations and the Making of Modern States ISBN 9780198757962
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International Law and Empire: Historical Explorations ISBN 9780198795575
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Formalizing Dispossession: International Law and Population Transfers ISBN 9780198717430
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Formalizing Dispossession: International Law and Population Transfers (eBook) ISBN 9780191026898
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The Project of Positivism in International Law ISBN 9780199685202
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The Project of Positivism in International Law (eBook) ISBN 9780191508318
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