Francisco Giner y Adolfo Posada, precursores de la sociedad de naciones

Abstract

This paper presents the contributions to the process of formation of the League of Nations which, from sociological and legal premises present in the enlightened ideas of the German philosopher Krause, were designed and represented by two eminent Spanish Krausist jurists, Giner and Posada. First, we will analyse the influence of the teleological tradition of the Interessenjurisprudenz in Krausist legal philosophy, and the function of this iusphilosophical trend as a modernising and emancipating movement from the prevailing positivist formalism of the time. Secondly, we will delve into the basic principles of the Krausist sociological and legal theory which have been a major factor of Europeanisation, for which we will review his most scathing criticism to the European doctrines of imperial nationalism. Finally, we will address the role of Krausism in the promotion and defense of Wilson's Fourteen Points and the League of Nations, and its views on what should be subject to contestation in terms of international law.