CHAPTER: "Portalis le jeune et le droit des gens" in: Raphaël CAHEN & Nicolas LAURENT-BONNE (dir.), Joseph-Marie Portalis. Diplomate, magistrat et législateur (Aix-en-Provence: PUAM, 2020), 153-180, ISBN 978-2-7314-1174-4

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Abstract:

Joseph-Marie Portalis, who presided over the French Court of Cassation as its first president for 23 years, never published a global treatise on the law of nations, but had a strong interest in the law of nature and the law of nations. Hence, two of his publications can inform us on his deeper-rooted convictions. One is his famous report presented to the Académie des Sciences Morales et Politiques in 1840 on the prize question concerning the development of the law of nations since the Peace of Westphalia. A second example is his treatise on the nature of war, presented at the Academy during the Crimean War and published in 1856 by Vergé. I argue that national sovereignty, religion and a dislike of the perceived excesses of 18th century doctrine are essential to understand Portalis "the younger", even if he does not escalate his thinking to the likes of de Maistre.

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