{"title":"国际法有多犹太?","authors":"G. Ben-Nun","doi":"10.1163/15718050-12340171","DOIUrl":null,"url":null,"abstract":"\nThis study attempts to explain why so many East-Central European Jewish international jurists played such cardinal roles in the elaboration of some of the most important treaties of modern international law post World War II. Borrowing from the biographies of Jacob Robinson, Isaac Lewin, Hersch Lauterpacht, Georg Cohn and others who served as key drafters of treaties such as the 4th Geneva Convention for Civilians and the 1951 Refugee Convention, the paper points to structural similarities between Talmudic law and international law, which help further explain the evident ‘Jewish disproportion’ in the making of many of the international system’s bedrock treaties post World War II. It argues that the biographical combination of Talmudic and rabbinical jurisprudence, coupled with a secular education in public international law, which was biographically mutual to most of these jurists helped them to fulfil the important drafting roles they undertook in the making of these treaties.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"1 1","pages":"1-33"},"PeriodicalIF":1.1000,"publicationDate":"2020-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"How Jewish is International Law?\",\"authors\":\"G. Ben-Nun\",\"doi\":\"10.1163/15718050-12340171\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThis study attempts to explain why so many East-Central European Jewish international jurists played such cardinal roles in the elaboration of some of the most important treaties of modern international law post World War II. Borrowing from the biographies of Jacob Robinson, Isaac Lewin, Hersch Lauterpacht, Georg Cohn and others who served as key drafters of treaties such as the 4th Geneva Convention for Civilians and the 1951 Refugee Convention, the paper points to structural similarities between Talmudic law and international law, which help further explain the evident ‘Jewish disproportion’ in the making of many of the international system’s bedrock treaties post World War II. It argues that the biographical combination of Talmudic and rabbinical jurisprudence, coupled with a secular education in public international law, which was biographically mutual to most of these jurists helped them to fulfil the important drafting roles they undertook in the making of these treaties.\",\"PeriodicalId\":43459,\"journal\":{\"name\":\"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW\",\"volume\":\"1 1\",\"pages\":\"1-33\"},\"PeriodicalIF\":1.1000,\"publicationDate\":\"2020-12-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718050-12340171\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718050-12340171","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
This study attempts to explain why so many East-Central European Jewish international jurists played such cardinal roles in the elaboration of some of the most important treaties of modern international law post World War II. Borrowing from the biographies of Jacob Robinson, Isaac Lewin, Hersch Lauterpacht, Georg Cohn and others who served as key drafters of treaties such as the 4th Geneva Convention for Civilians and the 1951 Refugee Convention, the paper points to structural similarities between Talmudic law and international law, which help further explain the evident ‘Jewish disproportion’ in the making of many of the international system’s bedrock treaties post World War II. It argues that the biographical combination of Talmudic and rabbinical jurisprudence, coupled with a secular education in public international law, which was biographically mutual to most of these jurists helped them to fulfil the important drafting roles they undertook in the making of these treaties.
期刊介绍:
The object of the Journal of the History of International Law/Revue d"histoire du droit international is to contribute to the effort to make intelligible the international legal past, however varied and eccentric it may be, to stimulate interest in the whys, the whats and wheres of international legal development, without projecting present relationships upon the past, and to promote the application of a sense of proportion to the study of current international legal problems. The aim of the Journal is to open fields of inquiry, to enable new questions to be asked, to be awake to and always aware of the plurality of human civilizations and cultures, past and present.