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This exhaustively-researched study, located at the intersection of International Relations and International Law, turns an established orthodoxy on its head: The European 'long 19th Century', Hendrik Simon suggests, was not the pre-liberal era of an undisputed sovereign liberum ius ad bellum, but rather the precursor of a norm-governed international order. It was primarily significant voices in late Prussian and Imperial Germany's legal and political circles that struggled to superimpose the myth of the " upon a wider European reality that had decisively moved beyond it. Grounded in a genealogy of war justifications, the constructivist analysis takes the reader on a historical tour de force from the Vienna Congress, via the Eastern Question, Italian and German unification, to World War I, generating a striking revision of the standard argument in IR and IL.
Auteur
Hendrik Simon is a postdoctoral researcher at the Peace Research Institute Frankfurt (PRIF) and Lecturer at Goethe University Frankfurt. He was Visiting Fellow at the Centre for Advanced International Theory/University of Sussex (2017), at the University of Vienna (2018, 2016), at the Max Planck Institute for European Legal History Frankfurt (2015-16) and at the Cluster of Excellence 'Normative Orders' (2011-12). Publications include The Justification of War and International Order. From Past to Present (OUP 2021; co-edited with Lothar Brock); and 'The Myth of Liberum Ius ad Bellum. Justifying War in 19th-Century International Legal Theory and Political Practice', 29 European Journal of International Law (2018).
Texte du rabat
In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Simon challenges the German Sonderweg understanding of the nineteenth century and deconstructs the myth of the 'free right to go to war', drawing on political and normative discourses to outline a genealogy of modern war justifications.
Résumé
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).
Contenu
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 Nineteenth 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