لخّصلي

The scholars who followed Grotius can be grouped into two schools, the naturalists and the positivists.In international law, however, the concept of natural rights had only marginal significance until the 20th centuryIn contrast, positivist writers, such as Richard Zouche (1590-1661) in England and Cornelis van Bynkershoek (1673-1743) in the Netherlands, emphasized the actual practice of contemporary states over concepts derived from biblical sources, Greek thought, or Roman law.Elements of both positivism and natural law appear in the works of the German philosopher Christian Wolff (1679-1754) and the Swiss jurist Emerich de Vattel (1714-67), both of whom attempted to develop an approach that avoided the extremes of each school.These new writings also focused greater attention on the law of peace and the conduct of interstate relations than on the law of war, as the focus of international law shifted away from the conditions necessary to justify the resort to force in order to deal with increasingly sophisticated interstate relations in areas such as the law of the sea and commercial treaties.The positivist school made use of the new scientific method and was in that respect consistent with the empiricist and inductive approach to philosophy that was then gaining acceptance in Europe.The former camp included the German jurist Samuel von Pufendorf (1632-94), who stressed the supremacy of the law of nature.

The scholars who followed Grotius can be grouped into two schools, the naturalists and the
positivists. The former camp included the German jurist Samuel von Pufendorf (1632–94),
who stressed the supremacy of the law of nature. In contrast, positivist writers, such as Richard
Zouche (1590–1661) in England and Cornelis van Bynkershoek (1673–1743) in the
Netherlands, emphasized the actual practice of contemporary states over concepts derived from
biblical sources, Greek thought, or Roman law. These new writings also focused greater
attention on the law of peace and the conduct of interstate relations than on the law of war, as
the focus of international law shifted away from the conditions necessary to justify the resort
to force in order to deal with increasingly sophisticated interstate relations in areas such as the
law of the sea and commercial treaties. The positivist school made use of the new scientific
method and was in that respect consistent with the empiricist and inductive approach to
philosophy that was then gaining acceptance in Europe. Elements of both positivism and
natural law appear in the works of the German philosopher Christian Wolff (1679–1754) and
the Swiss jurist Emerich de Vattel (1714–67), both of whom attempted to develop an approach
that avoided the extremes of each school. During the 18th century, the naturalist school was
gradually eclipsed by the positivist tradition, though, at the same time, the concept of natural
rights—which played a prominent role in the American and French revolutions—was
becoming a vital element in international politics. In international law, however, the concept
of natural rights had only marginal significance until the 20th century