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Robert Redslob (3 February 1882 – 6 June 1962) was a
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
-
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
and
public international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
-scientist who was critical of the
French constitution The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitu ...
in the early twentieth century. He was born in
Straßburg Strasbourg (, , ; german: Straßburg ; gsw, label=Bas Rhin Alsatian, Strossburi , gsw, label=Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the Eu ...
in Elsass-Lothringen. From 1900 to 1906 he studied Law (inter alia) in Straßburg and in Berlin. In 1913 he accepted a position as professor at the
University of Rostock The University of Rostock (german: link=no, Universität Rostock) is a public university located in Rostock, Mecklenburg-Vorpommern, Germany. Founded in 1419, it is the third-oldest university in Germany. It is the oldest university in continen ...
, and after the First World War he returned to Strasbourg to the newly established
University of Strasbourg The University of Strasbourg (french: Université de Strasbourg, Unistra) is a public research university located in Strasbourg, Alsace, France, with over 52,000 students and 3,300 researchers. The French university traces its history to the ea ...
. Redslob's ideas from his work ''Die parlamentarische Regierung in ihrer wahren und in ihrer unechten Form'' from 1918 had a remarkable influence on the German Weimar constitution of 1919. (The German title means ‘The parliamentary government in its true form and in its false (imperfect, incorrect) form’. The addition to the title: ''Eine vergleichende Studie über die Verfassungen von England, Belgien, Ungarn, Schweden und Frankreich'' is ‘A comparative survey of the constitutions of England, Belgium, Hungary, Sweden and France’.) In his capacity as a professor at
The Hague Academy of International Law The Hague Academy of International Law (french: Académie de droit international de La Haye) is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, Netherlands. Courses are taugh ...
, Redslob introduced the concept of
heimat ''Heimat'' () is a German word translating to 'home' or 'homeland'. The word has connotations specific to German culture, German society and specifically German Romanticism, German nationalism, German statehood and regionalism so that it ha ...
in relation to international law in 1931.


Redslob as a Modernist Legal Writer

Scholar Nathaniel Berman, who has written extensively on law and international affairs contends that Redslob's work is an example of a modernist tendency that flourished in international law between World War I and World War II. According to Berman, " r Redslob, the clash between the revolutionary aspirations of nationalism and the self-preserving will of established states was nothing less than that between 'creative freedom and legality.'" Comparing Redslob's position as a modernist legal thinker to
Picasso Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th ce ...
's status as a modernist painter, Berman describes four tendencies in the modernist view of international law that are parallel to the basic principles of high modernism in art. The modernist principles of international law, reflected in the work of Redslob and others, are: # "A critique of the view of the sovereign state as the object which defines international law and to which it must seek to conform its doctrines and institutions"; # "Openness to hitherto repressed or denied forces of nationalism"; # "The unprecedented invention of a wide variety of techniques, understood as specifically legal"; # "Juxtaposition in international legal disputes, doctrines, and institutions, of elements incompatible under traditional legal criteria." Berman's article has been cited as an example of the interdisciplinary approach that is prominent in the
critical legal studies Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s.Alan Hunt, "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1-45, esp. 1, 5. Se DOI, 10.1 ...
movement. Legal scholar David Kennedy, speaking of Berman's juxtaposition of Redslob and Picasso, said that " at is interesting is the way this juxtaposition foregrounds the role of the individual as a culture worker, the producer of legal texts and institutions. His project asks us to ask, 'What was Redslob's strategy?'"


References

1882 births 1962 deaths German scholars of constitutional law French sociologists The Hague Academy of International Law people French male writers 20th-century French male writers {{France-sociologist-stub