Evolution of Peace: from Social Value to Legal Axiom
Evolution of Peace: from Social Value to Legal Axiom
Author(s): Mohammad AlipourSubject(s): History, Law, Constitution, Jurisprudence, Peace and Conflict Studies
Published by: Evropská společnost pro právní dějiny, z.s.
Keywords: peace; absence of war; humanism; States;
Summary/Abstract: Peace, as one of the transcendental values of human societies, has been undergone a complete transformation in the international community. This study seeks to find out the processes of evolution of peace in history of international law. The concept of peace, initially, has been considered as a social value that should be protected. At the early time, peace was understood as absence of war but without having legal enforcement, realization of peace could not be actualized. Thus, peace was upgraded to a legal norm to be more effective. However, since the norm of peace enjoyed the same degree of other legal principles, possibility of to be overridden by these principles has diminished function of peace. Hence, following the Second World War, norm of peace has been revamped to legal axiological maxim that not only has higher degree but also causes necessary changes in international order.
Journal: Journal on European History of Law
- Issue Year: 13/2022
- Issue No: 1
- Page Range: 114-123
- Page Count: 10
- Language: English