Peace and War
Document Type
Book Chapter
Publication Date
2012
Abstract
Historians typically begin discussions of the Charter with the Just War Doctrine created by natural law theorists, drawing on early Christian (and therefore Jewish) thought, as well as classical Greek and Roman philosophy. The discussion will proceed to the rise of positivism in the 18th century, the associated decline of natural law theory, and the crisis that resulted respecting legal controls on resort to force in the absence of positive law. The international community has since developed positive law respecting peace, but as mere positive law, these restraints have been open to challenge over the ranking of value preferences. Of all the major subfields of international law, the law of peace and war may have the longest and most difficult history. Creating the peace regime has required and continues to require persons of integrity, courage, and commitment to stand by the law and the ideal of a more peaceful world.
Recommended Citation
O'Connell, Mary, "Peace and War" (2012). Book Chapters. 58.
https://scholarship.law.nd.edu/book_chapters/58
Publication Information
in The Oxford Handbook of the History of International Law 272 (Bardo Fassbender & Anne Peters eds., 2012).
Available in Kresge Law Library KZ1242 .O94 2014
University of Notre Dame access only