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A dramatic intellectual biography of Victorian jurist Travers Twiss, who provided the legal justification for the creation of the brutal Congo Free State Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold’s Ghostwriter, Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium’s efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold’s Ghostwriter recounts Twiss’s story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife. Combining gripping biography and penetrating intellectual history, King Leopold’s Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law.
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.
International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this study of the rise and fall of modern international law. This book combines legal analysis, historical and political critique and semi-biographical studies of key figures and institutions.
A comprehensive new account of China's entry into the global legal order and its role in helping to reshape it.
While the works of Hugo Grotius (1583-1645) have long been held in high esteem by international lawyers, this book addresses the broader, and neglected, theme of his contribution to the theoretical and practical aspects of international relations. It critically reappraises Grotius' thought, examining it in relation to his predecessors and in the context of the wars and controversies of his time, and assesses the strengths and weaknesses of the `Grotian' tradition of thought - one which accepts the sovereignty of states but at the same time stresses the existence of shared values and the necessity of rules.