Legalist Empire

America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role

America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role

In The Confucian-Legalist State, Dingxin Zhao offers a radically new analysis of Chinese imperial history from the eleventh century BCE to the fall of the Qing dynasty. This study first uncovers the factors that explain how, and why, China developed into a bureaucratic empire under the Qin dynasty in 221 BCE. It then examines the political system that crystallized during the Western Han dynasty, a system that drew on China's philosophical traditions of Confucianism and Legalism. Despite great changes in China's demography, religion, technology, and socioeconomic structures, this Confucian-Legalist political system survived for over two millennia. Yet, it was precisely because of the system's resilience that China, for better or worse, did not develop industrial capitalism as Western Europe did, notwithstanding China's economic prosperity and technological sophistication beginning with the Northern Song dynasty. In examining the nature of this political system, Zhao offers a new way of viewing Chinese history, one that emphasizes the importance of structural forces and social mechanisms in shaping historical dynamics. As a work of historical sociology, The Confucian-Legalist State aims to show how the patterns of Chinese history were not shaped by any single force, but instead by meaningful activities of social actors which were greatly constrained by, and at the same time reproduced and modified, the constellations of political, economic, military, and ideological forces. This book thus offers a startling new understanding of long-term patterns of Chinese history, one that should trigger debates for years to come among historians, political scientists, and sociologists.

Covers the entire range of the history of U.S. foreign relations from the colonial period to the beginning of the 21st century. A Companion to U.S. Foreign Relations is an authoritative guide to past and present scholarship on the history of American diplomacy and foreign relations from its seventeenth century origins to the modern day. This two-volume reference work presents a collection of historiographical essays by prominent scholars. The essays explore three centuries of America’s global interactions and the ways U.S. foreign policies have been analyzed and interpreted over time. Scholars offer fresh perspectives on the history of U.S. foreign relations; analyze the causes, influences, and consequences of major foreign policy decisions; and address contemporary debates surrounding the practice of American power. The Companion covers a wide variety of methodologies, integrating political, military, economic, social and cultural history to explore the ideas and events that shaped U.S. diplomacy and foreign relations and continue to influence national identity. The essays discuss topics such as the links between U.S. foreign relations and the study of ideology, race, gender, and religion; Native American history, expansion, and imperialism; industrialization and modernization; domestic and international politics; and the United States’ role in decolonization, globalization, and the Cold War. A comprehensive approach to understanding the history, influences, and drivers of U.S. foreign relation, this indispensable resource: Examines significant foreign policy events and their subsequent interpretations Places key figures and policies in their historical, national, and international contexts Provides background on recent and current debates in U.S. foreign policy Explores the historiography and primary sources for each topic Covers the development of diverse themes and methodologies in histories of U.S. foreign policy Offering scholars, teachers, and students unmatched chronological breadth and analytical depth, A Companion to U.S. Foreign Relations: Colonial Era to the Present is an important contribution to scholarship on the history of America’s interactions with the world.

Examines the rising power of China and Chinese foreign policy through a revisionist analysis of Chinese civilization. What does the rise of China represent, and how should the international community respond? With a holistic rereading of Chinese longue durée history, Fei-Ling Wang provides a simple but powerful framework for understanding the nature of persistent and rising Chinese power and its implications for the current global order. He argues that the Chinese ideation and tradition of political governance and world order—the China Order—is based on an imperial state of Confucian-Legalism as historically exemplified by the Qin-Han polity. Claiming a Mandate of Heaven to unify and govern the whole known world or tianxia (all under heaven), the China Order dominated Eastern Eurasia as a world empire for more than two millennia, until the late nineteenth century. Since 1949, the People’s Republic of China has been a reincarnated Qin-Han polity without the traditional China Order, finding itself stuck in the endless struggle against the current world order and the ever-changing Chinese society for its regime survival and security. Wang also offers new discoveries and assessments about the true golden eras of Chinese civilization, explains the great East-West divergence between China and Europe, and analyzes the China Dream that drives much of current Chinese foreign policy. Fei-Ling Wang is Professor of International Affairs at the Georgia Institute of Technology. His books include Organizing through Division and Exclusion: China’s Hukou System and China Rising: Power and Motivation in Chinese Foreign Policy (coedited with Yong Deng).

A groundbreaking interpretation of the intellectual origins of the United Nations No Enchanted Palace traces the origins and early development of the United Nations, one of the most influential yet perhaps least understood organizations active in the world today. Acclaimed historian Mark Mazower forces us to set aside the popular myth that the UN miraculously rose from the ashes of World War II as the guardian of a new and peaceful global order, offering instead a strikingly original interpretation of the UN's ideological roots, early history, and changing role in world affairs. Mazower brings the founding of the UN brilliantly to life. He shows how the UN's creators envisioned a world organization that would protect the interests of empire, yet how this imperial vision was decisively reshaped by the postwar reaffirmation of national sovereignty and the unanticipated rise of India and other former colonial powers. This is a story told through the clash of personalities, such as South African statesman Jan Smuts, who saw in the UN a means to protect the old imperial and racial order; Raphael Lemkin and Joseph Schechtman, Jewish intellectuals at odds over how the UN should combat genocide and other atrocities; and Jawaharlal Nehru, India's first prime minister, who helped transform the UN from an instrument of empire into a forum for ending it. A much-needed historical reappraisal of the early development of this vital world institution, No Enchanted Palace reveals how the UN outgrew its origins and has exhibited an extraordinary flexibility that has enabled it to endure to the present day.

On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.

Christopher Rossi’s Whiggish International Law refreshes English School and Cambridge contextualist concerns for historical abridgment as jurists and scholars revive complexities and discussions of international law’s turbulent history in the Americas.