International Law and Justice Working Papers - IILJ

5.3. Praxis, Theorie und Codification des Völkerrechts (1874): Celebrating the German
Nation State and Fighting Its External and Internal Enemies
One of the surprising characteristics of “positivist” international law scholars such as Bulmerincq
and others of his time was how easily they could express in a single breath demands for
objectivity and scientific legalism - and at the same time make utterly subjective political
comments. Ironically, it is also in this sense that G. Rolin-Jaequymans’ words about
Bulmerincq’s book “Praxis, Theorie und Codification des Völkerrechts”- “livre qui sort de la
banalité” 117 – hold true.
On the one hand, Bulmerincq demanded that subjectivism and “phrases” be expelled from
international law. For instance, he demanded of the universal history of international law
neutrality and the expulsion of the political. Such history had yet to be written: “We expect
equally little the glorification of one single nation as e.g. in Combes (Histoire générale de la
diplomatie Européenne, Paris, 1854) or throwing dirt at others as e.g. in Mitchell’s Memoirs
and Papers 1850).” 118
At the same time in the same book, Bulmerincq revealed at least three open political biases: his
bias as German regarding the Franco-German rivalry, his bias as Lutheran vis-à-vis the Catholic
Church and thirdly, his political (conservative) disagreement with the socialist movement that
had envisaged an “impossible future”.
117 Revue de droit, 6 1874, pp 694-696 at. 696.
118 Theories, p. 95. In a later addendum, Bulmerincq added that it was in the nature of this work that it had to be
international and not national. No nation could feel privileged in advancing the work of completing the history of
international law. Qualified men from all countries had the right to participate, without jealousy and presumption.
Sée Notice de M. A. Bulmerincq sur la littérature récente du droit international en Allemagne, traduite par M.
Rivier et lue par lui en séance du lundi matin, 30 août 1875, Revue 1875, pp 99-104 at. 103-104.