English Approaches to International Law in the Nineteenth Century

TL;DRAbstract

This chapter suggests that English approaches to international law after 1850 were indeed distinct from continental ones, and were shaped by two strong influences. The first was practical: in the 1870s, in a number of high profile international disputes, English common lawyers stressed the nature of international law as a matter of practical politics and negotiation, rather than as a matter for jurists’ speculation. The second was theoretical: any late nineteenth century writer on international law in England had to take into account the writings of John Austin, and meet the challenge of showing how international law could correctly be denominated law. While most international lawyers sought to distance themselves from Austin’s definition of international law, their visions were often closer to Austin’s than they admitted. For Austin, international law was distinct both from abstract ethics, and from the law of a political society. Keywords: English approaches; English common lawyers;

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