In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

In the interwar years, James Brown Scott wrote a series of works on the history international law, arguing that the foundation of modern international law rested with the 16th century Spanish theologian Francisco de Vitoria. This book describes the Spanish origin project in context, and explores its impact on international law as we know it today.

This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

*Shortlisted for the 2018 Book Award in Social Sciences of the Central Eurasian Studies Society* Rewriting the Nation in Modern Kazakh Literature is a book about cultural transformations and trajectories of national imagination in modern Kazakhstan. The book is a much-needed critical introduction and a comprehensive survey of the Kazakh literary production and cultural discourses on the nation in the twentieth and twenty first centuries. In the absence of viable and open forums for discussion and in the turbulent moments of postcolonial and cultural transformation under the Soviets, the Kazakh writers and intellectuals widely engaged with the national identity, heritage and genealogy construction in literature. This active process of national canon construction and its constant re-writing throughout the twentieth century will inform the readers of the complex processes of cultural transformations in forms, genres and texts as well as demonstrating the genealogical development of the national narrative. The main focus of this book is on the cultural production of the nation. The focus is on the narratives of historical continuities produced in the literature and cultural discontinuities and inter-elite competition which inform such production. The development of Kazakh literary production is an extremely interesting yet underrepresented field of study. Since the late nineteenth century it saw a rapid transformation from the traditional oral to print literature. This brought an unprecedented shift in genres and texts production as well as a rapid growth of the ‘writing’ class – urban colonial and first generations of Soviet intelligentsia. Kazakh literary production became the flagman of republic’s rapid cultural modernization and prior to the World War II local publishing industry produced up to 6 million print copies a year. By the 1960s and 1970s – the golden era of Kazakh literature, the most read literary journal Juldyz sold 50,000 copies all over the country. Literature became the mass provider of knowledge about the past, the present and of the future of the country. Because “Kazakh readers were hungry to find out about their pre-Soviet past and its national glory” national writers competed in genres, styles and ways to write out the nation in prose, poems, essays and historical novels.

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

In this classic study of Pandita Ramabai's life, Uma Chakravarti brings to light one of the foremost thinkers of nineteenth-century India and one of its earliest feminists. A scholar and an eloquent speaker, Ramabai was no stranger to controversy. Her critique of Brahminical patriarchy was in sharp contrast to Annie Besant, who championed the cause of Hindu society. And in an act seen by contemporary Hindu society as a betrayal not only of her religion but of her nation, Ramabai – herself a high-caste Hindu widow – chose to convert to Christianity. Chakravarti's book stands out as one of the most important critiques of gender and power relations in colonial India, with particular emphasis on issues of class and caste. Published by Zubaan.

An Economist Book of the Year, 2001. In the 18th century, a debate ensued over the French naturalist Buffon’s contention that the New World was in fact geologically new. Historians, naturalists, and philosophers clashed over Buffon’s view. This book maintains that the “dispute” was also a debate over historical authority: upon whose sources and facts should naturalists and historians reconstruct the history of the New World and its people. In addressing this question, the author offers a strikingly novel interpretation of the Enlightenment.

Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.