Portalis le jeune et le droit des gens

Frederik Dhondt; Raphaël Cahen

Portalis the younger and the law of nations

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

Joseph-Marie Portalis, who presided over the French Court of Cassation as its first president for 23 years, never published a global treatise on the law of nations, but had a strong interest in the law of nature and the law of nations. Hence, two of his publications can inform us on his deeper-rooted convictions. One is his famous report presented to the Académie des Sciences Morales et Politiques in 1840 on the prize question concerning the development of the law of nations since the Peace of Westphalia. A second example is his treatise on the nature of war, presented at the Academy during the Crimean War and published in 1856 by Vergé. I argue that national sovereignty, religion and a dislike of the perceived excesses of 18th century doctrine are essential to understand Portalis "the younger", even if he does not escalate his thinking to the likes of de Maistre.

Translated title of the contribution	Portalis the younger and the law of nations
Original language	French
Title of host publication	Joseph-Marie Portalis, diplomate, magistrat et législateur
Editors	Raphaël Cahen, Nicolas Laurent-Bonne
Place of Publication	Aix-en-Provence
Publisher	Presses universitaires d'Aix-Marseille
Pages	153-180
ISBN (Print)	978-2-7314-1174-4
Publication status	Published - 1 Sep 2020
Event	Joseph-Marie Portalis (1778-1858): diplomate, magistrat et législateur - Paris (Court of Cassation/Council of State), Paris, France Duration: 13 Dec 2018 → 14 Dec 2018 http://esclh.blogspot.com/2018/12/youtube-conference-jean-marie-portalis.html

Conference

Conference	Joseph-Marie Portalis (1778-1858): diplomate, magistrat et législateur
Abbreviated title	Portalis le jeune
Country/Territory	France
City	Paris
Period	13/12/18 → 14/12/18
Internet address	http://esclh.blogspot.com/2018/12/youtube-conference-jean-marie-portalis.html

Keywords

legal history
history of international law
law of nature
19th century history
French history

Embargoed Document

Handout
Submitted manuscript, 1.79 MB

Embargoed Document

DHONDT_2020_Portalis_droit_des_gens
Submitted manuscript, 328 KB

1 Participating in or organizing a public lecture/debate
1 Talk or presentation at a conference

Des vies d’avocats au XIXe et XXIe siècle – Audition du 8 février 2021
Raphaël Cahen (Participant) & Emmanuel Pierrat (Chair)
8 Feb 2021
Activity: Participating in or organising an event › Participating in or organizing a public lecture/debate
Portalis "the younger" and the law of nations
Frederik Dhondt (Speaker)
14 Dec 2018
Activity: Talk or presentation › Talk or presentation at a conference

Cite this

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title = "Portalis le jeune et le droit des gens",

abstract = "Joseph-Marie Portalis, who presided over the French Court of Cassation as its first president for 23 years, never published a global treatise on the law of nations, but had a strong interest in the law of nature and the law of nations. Hence, two of his publications can inform us on his deeper-rooted convictions. One is his famous report presented to the Acad{\'e}mie des Sciences Morales et Politiques in 1840 on the prize question concerning the development of the law of nations since the Peace of Westphalia. A second example is his treatise on the nature of war, presented at the Academy during the Crimean War and published in 1856 by Verg{\'e}. I argue that national sovereignty, religion and a dislike of the perceived excesses of 18th century doctrine are essential to understand Portalis {"}the younger{"}, even if he does not escalate his thinking to the likes of de Maistre.",

keywords = "legal history, history of international law, law of nature, 19th century history, French history",

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year = "2020",

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language = "French",

isbn = "978-2-7314-1174-4",

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booktitle = "Joseph-Marie Portalis, diplomate, magistrat et l{\'e}gislateur",

publisher = "Presses universitaires d'Aix-Marseille",

note = "null ; Conference date: 13-12-2018 Through 14-12-2018",

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TY - CHAP

T1 - Portalis le jeune et le droit des gens

AU - Dhondt, Frederik

A2 - Cahen, Raphaël

A2 - Laurent-Bonne, Nicolas

PY - 2020/9/1

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N2 - Joseph-Marie Portalis, who presided over the French Court of Cassation as its first president for 23 years, never published a global treatise on the law of nations, but had a strong interest in the law of nature and the law of nations. Hence, two of his publications can inform us on his deeper-rooted convictions. One is his famous report presented to the Académie des Sciences Morales et Politiques in 1840 on the prize question concerning the development of the law of nations since the Peace of Westphalia. A second example is his treatise on the nature of war, presented at the Academy during the Crimean War and published in 1856 by Vergé. I argue that national sovereignty, religion and a dislike of the perceived excesses of 18th century doctrine are essential to understand Portalis "the younger", even if he does not escalate his thinking to the likes of de Maistre.

AB - Joseph-Marie Portalis, who presided over the French Court of Cassation as its first president for 23 years, never published a global treatise on the law of nations, but had a strong interest in the law of nature and the law of nations. Hence, two of his publications can inform us on his deeper-rooted convictions. One is his famous report presented to the Académie des Sciences Morales et Politiques in 1840 on the prize question concerning the development of the law of nations since the Peace of Westphalia. A second example is his treatise on the nature of war, presented at the Academy during the Crimean War and published in 1856 by Vergé. I argue that national sovereignty, religion and a dislike of the perceived excesses of 18th century doctrine are essential to understand Portalis "the younger", even if he does not escalate his thinking to the likes of de Maistre.

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KW - history of international law

KW - law of nature

KW - 19th century history

KW - French history

M3 - Chapter

SN - 978-2-7314-1174-4

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EP - 180

BT - Joseph-Marie Portalis, diplomate, magistrat et législateur

PB - Presses universitaires d'Aix-Marseille

CY - Aix-en-Provence

Y2 - 13 December 2018 through 14 December 2018

ER -

Portalis the younger and the law of nations

Abstract

Conference

Keywords

Embargoed Document

Embargoed Document

Fingerprint

Activities

Des vies d’avocats au XIXe et XXIe siècle – Audition du 8 février 2021

Portalis "the younger" and the law of nations

Cite this