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Abstract
The article analyzes the law of nations concepts in the writings of the French top magistrate
Joseph-Marie Portalis (1778-1858) during his time at the Académie des sciences morales et politiques of the Institut de France, in particular the report presented - as secretary of the evaluation process - in the context of the prize on the progress of the law of nations since the Peace of Westphalia, notably on the moral principles underlying the rules of war and peace, in 1841. A second part treats his ideas on the ius ad bellum and ius in bello in the essay "Sur la guerre", of 1856. In both, eminently conservative conceptions emerge about international relations, the law of nations and the phenomena of war, governed by jusnaturalist convictions of clear Catholic origin, which characterized certain cultural environments in French academia in the second half of the 19th century.
Joseph-Marie Portalis (1778-1858) during his time at the Académie des sciences morales et politiques of the Institut de France, in particular the report presented - as secretary of the evaluation process - in the context of the prize on the progress of the law of nations since the Peace of Westphalia, notably on the moral principles underlying the rules of war and peace, in 1841. A second part treats his ideas on the ius ad bellum and ius in bello in the essay "Sur la guerre", of 1856. In both, eminently conservative conceptions emerge about international relations, the law of nations and the phenomena of war, governed by jusnaturalist convictions of clear Catholic origin, which characterized certain cultural environments in French academia in the second half of the 19th century.
| Translated title of the contribution | Portalis and the Law of Nations |
|---|---|
| Original language | Portuguese |
| Pages (from-to) | 588-626 |
| Number of pages | 39 |
| Journal | Revista Brasileira de História & Ciências Sociais |
| Volume | XVI |
| Issue number | 32 |
| DOIs | |
| Publication status | Published - 24 Jul 2024 |
Bibliographical note
Translation of my chapter in R. Cahen & N. Laurent-Bonne (dir.), Joseph-Marie Portalis, diplomate, magistrat et législateur (Aix-en-Provence: Presses universitaires d'Aix-Marseille, pp. 153-180), with the kind agreement of the initial editors and publisher. See https://researchportal.vub.be/en/publications/portalis-the-younger-and-the-law-of-nationsKeywords
- history of international law
- french history
- legal history
- laws of war
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Portalis le jeune et le droit des gens
Dhondt, F. & Cahen, R. (ed.), 1 Sep 2020, Joseph-Marie Portalis, diplomate, magistrat et législateur. Cahen, R. & Laurent-Bonne, N. (eds.). Aix-en-Provence: Presses universitaires d'Aix-Marseille, p. 153-180Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review