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Nineteenth Century Perspectives on Private International Law$
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Roxana Banu

Print publication date: 2018

Print ISBN-13: 9780198819844

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198819844.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 September 2021

Individual- and State-Centered Perspectives in Nineteenth-Century Private International Law

Individual- and State-Centered Perspectives in Nineteenth-Century Private International Law

Chapter:
(p.23) 2 Individual- and State-Centered Perspectives in Nineteenth-Century Private International Law
Source:
Nineteenth Century Perspectives on Private International Law
Author(s):

Roxana Banu

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198819844.003.0002

This chapter discusses two different intellectual motivations in nineteenth-century PrIL, namely the attempt to align PrIL with PublIL and with private law respectively. The chapter shows that scholars like Antoine Pillet and Ernst Zitelmann, who attempted to align private with public international law, injected a formalistic and neutral notion of state sovereignty into PrIL. It further argues that various scholars focusing on private law and on the rights and expectations of individuals, rather than states, portrayed a relational, socially constituted image of the transnational agent, rather than the atomistic image generally associated with nineteenth-century private law theories. Lastly, this chapter describes the scholarship of Pasquale Mancini as a particular kind of humanistic perspective, which, in contrast to the relational internationalist perspective, both narrowed and enlarged individual liberty in the transnational realm.

Keywords:   internationalism, private international law, public international law, nineteenth century, Antoine Pillet, Ernst Zittelman, Freidrich Karl von Savigny, Josephus Jitta, Pasquale Mancini

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