‘Victorian’ Traditions: British International Law Scholarship, 1830–1914

Abstract What are the philosophical and normative orientations of British international law scholarship during the Victorian era? This article explores and answers this question in three complementary steps. It begins with an analysis of the ‘public’ international law textbooks after 1830 to show that, instead of a single legal tradition, there coexisted three competing traditions during this period: a ‘naturalist’, an ‘historicist’ and a ‘voluntarist’ tradition. These three Victorian traditions will, in a second step, be studied in the context of ‘private’ international law—a discipline that developed and received its name during this period. A third section finally offers a detailed examination of the transformative work of Lassa Oppenheim, which straddled the Victorian nineteenth century and the ‘modern’ twentieth century. In revisiting the normative project(s) of Victorian international law, the article hopes to critique three prominent views in the contemporary academic literature. The first view holds that voluntarist State positivism exercised a dominant influence on British international law scholarship after 1830; a second view has claimed, relatedly, that during this period an idiosyncratic ‘English’ approach to international law emerged; and a third view has famously suggested that there was a ‘radical’ break in the discipline of international law around 1870.

Authors

Institutions

Publication Details

Journal
International and Comparative Law Quarterly
Published
2025-04-01
DOI
https://doi.org/10.1017/s0020589325100766
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

‘Victorian’ Traditions: British International Law Scholarship, 1830–1914

Robert Schütze
1 links
International and Comparative Law Quarterly
International Law and Human Rights
article

‘Victorian’ Traditions: British International Law Scholarship, 1830–1914

Robert Schütze
article en

Abstract

Abstract What are the philosophical and normative orientations of British international law scholarship during the Victorian era? This article explores and answers this question in three complementary steps. It begins with an analysis of the ‘public’ international law textbooks after 1830 to show that, instead of a single legal tradition, there coexisted three competing traditions during this period: a ‘naturalist’, an ‘historicist’ and a ‘voluntarist’ tradition. These three Victorian traditions will, in a second step, be studied in the context of ‘private’ international law—a discipline that developed and received its name during this period. A third section finally offers a detailed examination of the transformative work of Lassa Oppenheim, which straddled the Victorian nineteenth century and the ‘modern’ twentieth century. In revisiting the normative project(s) of Victorian international law, the article hopes to critique three prominent views in the contemporary academic literature. The first view holds that voluntarist State positivism exercised a dominant influence on British international law scholarship after 1830; a second view has claimed, relatedly, that during this period an idiosyncratic ‘English’ approach to international law emerged; and a third view has famously suggested that there was a ‘radical’ break in the discipline of international law around 1870.

International and Comparative Law QuarterlyVol. 74(2)
Durham University (GB), Università degli Studi Internazionali di Roma (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
International Law and Human Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

‘Victorian’ Traditions: British International Law Scholarship, 1830–1914 — Robert Schütze · International and Comparative Law Quarterly (2025) | TGRS Research Map | TGRS