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Part I The Histories of the Sources of International Law, s.III Sources of International Law in the Nineteenth-Century European Tradition, Ch.5 Sources of International Law in the Nineteenth-Century European Tradition: The Myth of Positivism

Miloš Vec

From: The Oxford Handbook of the Sources of International Law

Edited By: Jean d'Aspremont, Samantha Besson

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 September 2021

1815 to World War I — Choice of law — General principles of international law

This chapter analyses the sources of international law in the nineteenth-century European tradition. It includes scholars and theorists from a range of nationalities, different professions and perspectives, focusing on selected authors from various European and American countries and regions between 1815 and 1914. These jurists, philosophers, political writers, and theologians discussed the notion of ‘source’ and elaborated extensively on a theory of sources. Within this canon of sources, no clear hierarchy existed, and no rules for the collision of different kind of sources were posited. The field thus remained very flexible for attaining any results when debating regulatory matters, although the authors claimed to be non-political.

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