The Method Behind Bluntschli's "Modern" International Law

The conceptualization of international law presented by Johann Caspar Bluntschli (1808-1881) is studied, emphasizing the role that human nature played in his historical & philosophical account of international law & similarities between his & Francis Lieber's (1798-1872) respective understandings of international law. Two aspects of Bluntschli's account are discussed: the distinction between public & private right & the infusion of ideas from the "historical" & "philosophical" legal traditions. It is subsequently demonstrated that Bluntschli understood both human nature & the will of states as the principal foundations of international law. After addressing Bluntschli's contention that authoritative statements were needed to strengthen the legitimacy of international law, various determinants capable of providing such authoritative weight are identified, eg, national laws, public opinion, & multilateral declarations. Correspondences between Bluntschli & Lieber are subsequently examined to illustrate how their respective accounts of public & private rights were used to transform legal ideas into legal norms; Bluntschli's (1878) evaluation of the legal aspects of maritime capture agreements is reviewed to illuminate this transformation. It is concluded that both Bluntschli & Lieber provided humane & modern conceptualizations of international law. J. W. Parker