A Study of the Philosophy of International Law as Seen in by H.B. Jacobini

By H.B. Jacobini

One of the main unlucky evidence in regards to the dating of the U.S. with Latin the USA is that simply in recent times has there been any considerable quantity of highbrow interchange as regards to legislations. This, after all, is an instance of the relative loss of cultural trade among those peoples. in simple terms in very contemporary years has the North American curiosity in Latin the USA been in any feel common and lively. whereas there are a number of fresh volumes which debate a variety of facets of Latin American legislation in a way calculated to curiosity the North American legal professional and academician, the Latin American contributions to and attitudes towards foreign legislation are almost unknown within the usa other than in very constrained quarters. for that reason it used to be concept survey corresponding to the only awarded the following may give a contribution not just to a greater below­ status of Latin American juristic suggestion as touching on overseas legislations, but additionally to a greater comprehension of felony idea normally, and of Latin American tradition as an entire. The part of the philosophy of foreign legislations which, near to the neighborhood software right here studied, has been the main curiosity during this paintings, i.e., even if writers depend extra on naturalism or positivism because the philosophical beginning of the legislation of countries, is, just like the topic of Latin American legislations itself, an issue which has been overlooked by means of North American scholars.

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In addition to a survey of the views of these writers on the extent to which naturalism may be considered an element in the foundation of international law, and also their views regarding the international personality of the individual, the writings of Juan Bautista Alberdi will be separately analyzed in regard to their implications for international law. These works of Alberdi will be taken up in a special section of the chapter because it is felt that they do not readily fall into any of the other sections, and can, therefore, best be treated as a unique tradition.

121-122, vol. II, p. 177. Also Jeremy Bentham, The Works 0/ Jeremy Bentham (Published under the superintendence of his executor, John Bowring, Edinburgh, William Tait, 1843. Vol. III), p. 162. See also H. B. J acobini, loco cit . , 1935), PP·2 85-290 . •• Friedrich K. von Savigny, 0/ the Vocation 0/ Our Age /01' Legislation and Jurisprudence (English translation; London, Littlewood and Company, 1831) . •• Henry Sumner Maine, International Law (New York, Henry Holt and Company, 1888). Also H. s.

ANDRES BELLO 39 refer to natural law they may have in mind two somewhat different phenomena. Furthermore, it is to be understood that in attempting to evaluate divergent ideas of natural law, and to weigh them in the light of what each writer means, or seems to mean, by this term, and then also to try to judge how intensely he believes in the conception, this altogether does not partake of mathematical accuracy. The conclusions which are suggested must be viewed in the light of the unavoidable subjectivity which permeates the totality of the concepts appraised.

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