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Foreword

Published online by Cambridge University Press:  05 August 2012

Antony Anghie
Affiliation:
University of Utah
James Crawford
Affiliation:
Lauterpacht Research Centre for International Law, University of Cambridge
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Summary

In this challenging book, Dr. Anghie examines a series of episodes in the legal history of the relations between the West and non-Western polities. He argues that they possess common features, reproducing at different epochs and in different ways an underlying pattern of domination and subordination – and doing so despite continued professions of idealism and universal values by the (Western) lawyers and leaders who have been dominantly engaged.

The first of these episodes dates from the earliest phase of international law. Of the five studied, it is the least institutional. Rather it is an episode of justification and apology – Vitoria's attempt to deal with the rights of the Amerindians faced with Spanish colonization. Of course, Vitoria was dealing with this problem after the event and he was teaching (a generation after Columbus) in the Catholic tradition of moral–religious theory and not as a self-perceived international lawyer. But his work, Anghie argues, inaugurated our subject. From the beginning, international law was not exclusively concerned with the relations between states but, and more importantly, with the relations between civilizations and peoples. Moreover these were relations of domination. Colonization and Empire were present at the creation, and the apologetic use of universalist ideals has never been abandoned, whatever new forms it may have taken.

The second episode is that of the 1884–5 Congress of Berlin and the final stages of colonial expansion.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law, University of Cambridge
  • Antony Anghie, University of Utah
  • Book: Imperialism, Sovereignty and the Making of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614262.001
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  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law, University of Cambridge
  • Antony Anghie, University of Utah
  • Book: Imperialism, Sovereignty and the Making of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614262.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
    • By James Crawford, Lauterpacht Research Centre for International Law, University of Cambridge
  • Antony Anghie, University of Utah
  • Book: Imperialism, Sovereignty and the Making of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614262.001
Available formats
×