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Thomas Baty (8 February 1869 – 9 February 1954), also known as Irene Clyde,[note 1] was an English gender non-conforming international lawyer, writer, and activist. A prominent legal scholar and authority on international law, Baty was the legal advisor to the Japanese Foreign Office from 1916 to 1952, and authored numerous works on legal theory and practice. Under the name Irene Clyde, Baty co-founded and edited the gender-progressive journal Urania (1916–1940) and advocated for radical feminism and the rejection of the gender binary. Modern scholars have variously described Baty as non-binary, genderfluid, transgender, or a trans woman.

Key Information

Baty won a scholarship to The Queen's College, Oxford following the death of Baty's father, graduating with a degree in jurisprudence in 1892. Baty completed further studies at Trinity College, Cambridge, leading to academic appointments at several universities and a prolific scholarly output. Under the name Irene Clyde, Baty published the novel Beatrice the Sixteenth (1909), which depicted a postgender and feminist utopian society, and founded the short-lived radical feminist Aëthnic Union. Urania, co-founded with like-minded collaborators, served as a platform to challenge binary conceptions of gender. Baty began advising the Japanese government in 1916, which led to Baty being awarded the Order of the Sacred Treasure, initially receiving its third class distinction in 1920 before being upgraded to second class in 1936.

While in Japan, Baty developed a legal philosophy that emphasised effective territorial control as the chief criterion for state recognition, a principle invoked to support Japanese imperial ambitions. Baty represented Japan in various international forums such as the League of Nations, and continued working in Japan throughout World War II despite the escalating global conflict. Baty's alignment with Japanese policy prompted the British government to consider bringing treason charges, which were ultimately dropped in favour of revoking Baty's citizenship. The remaining nine years of Baty's life were spent in Japan, advising the government until 1952. Baty was posthumously honoured by Japanese officials, with the funeral service receiving flowers from Emperor Hirohito and eulogies being delivered by Prime Minister Shigeru Yoshida and Foreign Minister Katsuo Okazaki.

Life and work

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Early life and education

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Thomas Baty was born on 8 February 1869 in Stanwix, Cumberland, the eldest child of Mary (née Matthews) and cabinet maker William Thomas Baty.[1] Baty had a sister named Anne.[2] William died when Baty was seven,[2] leading Baty to form a close relationship with Mary and Anne.[3]: 26  Baty's uncles financially supported the family, enabling a middle-class home characterised by the "feminine home" concept. This Victorian ideal depicted a nurturing sanctuary dominated by female virtue, encouraging spiritual and emotional well-being.[4] Baty attended Carlisle Grammar School[5] and excelled as a gifted student, earning a scholarship to study at The Queen's College, Oxford in 1888.[6] Baty completed a BA in jurisprudence in 1892. Baty was called to the bar in 1898 but continued academic pursuits, earning an LLM from Trinity College, Cambridge, in June 1901, a DCL from Oxford the same year, and an LLD from Cambridge in 1903. Baty was a Civil Law Fellow at Oxford and a Whewell Scholar at Cambridge.[1]

Feminist and anti-gender binary activism

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Baty also wrote under the name Irene Clyde.[note 2] Clyde advocated for the abolition of male dominance, the dismantling of gender binaries, the fluidity of biological sex, critical examinations of heterosexual marriage and biological reproduction, and the celebration of female-female relationships.[7]

Beatrice the Sixteenth

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In 1909, Clyde published the feminist utopian novel Beatrice the Sixteenth.[7] Set in Armeria, it describes a genderless land of people with feminine characteristics who form life partnerships together. The novel examined perspectives on same-sex love and the gender binary.[8] It is considered a precursor to other feminist utopias and contemporary radical feminist theories on gender and sexuality.[9]

The Aëthnic Union and Urania

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Cover of the May–August 1936 edition of Urania.

In 1911, Clyde founded the Aëthnic Union, a society dedicated to challenging the societal gender binary.[3]: 36–37  In 1916, Clyde, along with Esther Roper, Eva Gore-Booth, Dorothy Cornish, and Jessey Wade—fellow members of the Union—launched Urania, a privately circulated journal. The journal advocated Clyde's opposition to the rigid classification of people into two genders.[10][11][12] "Sex is an accident" and "There are no 'men' and 'women' in Urania" were regular mottos.[13] Clyde also contributed under the name Theta.[14]

Urania became a central focus for Clyde over the next 25 years, until its publication ceased with the onset of the Second World War. Initially released bimonthly and later three times a year, the journal was distributed privately and free of charge. It was printed at various global locations and featured original content, often written by Clyde, alongside reprinted excerpts from books or global mass media, and occasional editorial comments.[15] Subjects of the articles included same-sex relationships, androgyny, and sex changes.[13]

Eve's Sour Apples

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In 1934, Clyde published Eve's Sour Apples, a collection of essays criticising gender distinctions and heterosexual marriage. The book envisioned a future where all forms of traditionally masculine behaviour were eradicated and offered guidance on how someone assigned male at birth could adopt a more feminine gender presentation.[8] Clyde also passionately opposed the idea that women's worth was tied to motherhood or maternity, arguing that it was disastrous for "every girl's mind to be filled with the gruesome details of maternity".[7]

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Baty photographed by Ernest Walter Histed in The Illustrated London News, 1909.

Baty's expertise was in the field of international law. After graduation, Baty lectured on international law at the University of Nottingham and served as a degree examiner at Oxford and universities in Liverpool and London. During this time, Baty became a prolific writer on international law.[6] Baty served as the honorary general secretary of the International Law Association from 1905 to 1916 and acted as junior counsel on the Zamora case. Baty was an associate member of the Institut de Droit International from 1921 onward.[1]

Engagement with the Japanese government

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Following the outbreak of World War I, Baty took part in the establishment of the Grotius Society in London in 1915. As one of the original members of the society, Baty became acquainted with Isaburo Yoshida, Second Secretary of the Embassy of Japan in London and an international law scholar from the graduate school of Tokyo Imperial University. The Japanese government was searching for a foreign legal advisor following the death of Henry Willard Denison, an American citizen who had served in that position until his death in 1914. Baty applied for the role in February 1915. The Japanese government accepted the application and Baty came to Tokyo in May 1916 to start work at the Japanese Foreign Office. In 1920, Baty was awarded the Order of the Sacred Treasure, third class, for service as a legal adviser.[6] In 1936, Baty received the second class of the same order.[16]

In 1927, Baty participated in the Japanese delegation to the Geneva Naval Conference on disarmament, marking Baty's only public appearance as a legal advisor to the Japanese government. The majority of Baty's work focused on writing legal opinions. Baty renewed working contracts with the Japanese Foreign Office several times and became a permanent employee of the ministry in 1928.[16]

Defence of Japanese military actions

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Baty's legal philosophy evolved while working for the Japanese government and was designed to justify Japanese actions of encroaching upon the sovereignty of China.[16] Following the Japanese invasion of Manchuria in 1932 and the establishment of Manchukuo, Baty defended Japan's position in the League of Nations and advocated for the new state's membership. Baty also wrote legal opinions justifying the Second Sino-Japanese War in 1937.[16] In addition, Baty donated 1,000 yen five times, a substantial sum at the time, to aid the families of fallen Japanese soldiers; Baty described these actions as humanitarian, aimed at easing the grief of mothers, and arguing that the war was avoidable if the League of Nations had accepted Baty's views and Japan's position.[16]

Baty's main argument was that the recognition of states must depend on one factor alone—effective control by the military and security forces of the government over the state's territory, and not preconceived definitions of what the state should be. Based on this reasoning, Baty opposed the practice of granting de facto recognition, asserting that only final and irrevocable recognition should be applied. Baty accused the Western international community of hypocrisy for using de facto recognition as a tool to engage in certain transactions with governments of states Baty considered unfriendly, without fully committing to accepting those states as part of the international community.[17]

World War II and aftermath

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Baty c. 1954

In July 1941, the Japanese government froze the assets of foreigners residing in Japan and its colonies as a retaliatory measure against similar actions taken by the United States, though Baty was exempt from this as an employee of the Japanese government. Despite the outbreak of war with the United Kingdom in December 1941, Baty chose to remain in Japan, rejecting the British Embassy's efforts to arrange repatriation. Baty continued working for the Japanese government throughout the war and defended its policy of conquest as a response to Western imperialism in Asia. In late 1944, Baty questioned the legitimacy of pro-Allied governments established after the end of the German occupation in Europe.[16] Baty also contributed articles about British and American affairs to Japanese newspapers.[18]

Following the Japanese surrender in 1945, the British Ministry of Foreign Affairs considered indicting Baty for treason, but the Central Liaison Office (a British government agency operating in Japan) was of the opinion that Baty's wartime involvement with the Japanese government was insignificant. Additionally, some legal advisors within the British government argued against prosecution on the grounds of the advanced age of Baty, who was 76 years old. Ultimately, the British government allowed Baty to remain in Japan and revoked Baty's British citizenship instead of bringing treason charges.[16]

For the rest of Baty's life, Baty resided in a villa in Ichinomiya, Chiba, given by Kano Hisarō. Baty continued to work for the Japanese government until 1952.[19]

Death

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On 9 February 1954, at the age of 85, Baty died of a cerebral haemorrhage in Ichinomiya, Chiba.[20] Emperor Hirohito sent floral tributes to Baty's funeral, as did many of the people who knew Baty; eulogies were delivered by Prime Minister Shigeru Yoshida, Foreign Minister Katsuo Okazaki, President of the Japanese Society of International Law Saburo Yamada, and Baty's former colleague Iemasa Tokugawa. Baty was buried at Aoyama Cemetery in Tokyo, next to Baty's sister and mother.[2]

Baty, who authored approximately 18 books on legal matters, died shortly after completing the first proof of the book International Law in Twilight. The book provides commentary on legal issues as well as history, politics, and problems related to Japan and the Far East, drawing from Baty's extensive experience as legal advisor to the Japanese Foreign Office.[21]

Gender identity

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Baty's personal reflections

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In 1926, Baty wrote a declaration on love and marriage that was privately shared with close friends and published posthumously. In the text, Baty confessed:[4]

From my earliest years I hated sex. The reason was that I wanted to be a girl. I saw that ladies, while admittedly more graceful and sweet than men, were also just as determined and noble. I could not bear to be relegated to the ranks of rough and stern men.

In an autobiographical sketch in Alone in Japan, Baty reflected: "From earliest days, adored Beauty and Sweetness; considered ladies had both, as well as Persistence and Tenacity. Therefore, longed passionately to be a lady—and have continued to do so."[22]

Accounts by friends and observers

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Baty publicly presented as Thomas Baty to most of society.[3]: 21–22  Friends observed Baty's reserved nature, gentle demeanour, and traditionally feminine traits, such as speaking in the women's style of Japanese and fastening garments from right to left.[22] Baty also wore women's clothes and accessories.[4] Hugh Keenleyside, a Canadian diplomat in Japan, described Baty as a "transvestite", who occasionally entertained guests while dressed in a gown.[23] Friends also witnessed a transition from Thomas Baty to Irene Clyde, noting that one identity gradually faded as the other emerged:[3]: 21–22 

When he extended his hand in greeting his sombre eyes lit up, his withdrawn expression melted away. Dr Baty, Chief Legal Advisor to the Foreign Office of Japan, disappeared and in his place stood Irene Clyde, a gentle, kindly, witty, and intelligent elderly lady.

Modern interpretations

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Baty has been described variously by modern scholars as non-binary,[24][25] genderfluid,[3]: 21–22 [25] transgender,[11][12][25] or a trans woman.[26] Sandra Duffy asserts that Baty's gender identity remains ambiguous.[25] Alison Oram argues that Baty's desire "to be a lady" challenges efforts by some theorists and historians to trace a continuous transgender identity through history. While there are similarities to late twentieth-century transgender politics, Baty's self-perception was shaped by a specific historical context, differing significantly from identities influenced by later advancements in medical transition.[27]

Personal life

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Baty was a strict vegetarian since the age of 19 and later served as vice-president of the British Vegetarian Society.[2] Baty was also a member of the Humanitarian League[28] and the Animal Defence and Anti-Vivisection Society.[29]

Influenced by the writings of Thomas Carlyle, Baty came to perceive the unity of all religions and disregarded the specific historical contexts of Hebrew and Christian traditions. Baty subsequently became a Theosophist and a follower of Shinto.[15]

An important person in Baty's life was Baty's sister Anne, who accompanied Baty to Japan in 1916 alongside their mother (who died in the same year). Anne lived with Baty until Anne's death in Nikkō on 22 January 1945.[2]

Baty's recreations included a passion for music, heraldry, and the sea, and Baty was described as a conservative.[1] Baty also had a passion for literature and localism, particularly the formation of small, self-sustaining communities.[23] While living in Tokyo, Baty embraced a leisure-class lifestyle, spending summers at Lake Chuzenji with Anne. At the lake, Baty owned and sailed a boat named The Ark and socialised at the Nantaisan Yacht Club. The exclusivity of the resort was marked by its mainly diplomatic occupants and daily sailboat races.[16]

Baty never married. Some evidence suggests that Baty was disillusioned with Victorian sexual norms and disgusted by the then accepted notions of male domination over women.[4] Baty described a personal philosophy as that of a radical feminist and a pacifist,[30] arguing that masculine traits lead to war, while feminine traits reject it. Baty concluded that ending war required prioritising feminine characteristics.[2] Baty was also a supporter of the feminist struggle in Japan.[31]

Legacy

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Baty's later years inspired Japanese writer Ayako Sono's 1954 short story "Grave of the Sea". Although the story is set in Hakone instead of Nikkō, where Baty resided, it portrays a tale of a difficult life in a foreign land after the war. A notable line from the main character reads: "When I die, please throw my bones in the sea. I don't need a grave."[32]

In 1959, Baty's memoirs, Alone in Japan: The Reminiscences of an International Jurist Resident in Japan 1916–1954, were published, edited by Motokichi Hasegawa.[33]

In 1993, scholars Daphne Patai and Angela Ingram uncovered that starting in 1909, Baty had been writing about feminism and gender using the name Irene Clyde.[34] Baty's strong opposition to the restrictive gender conventions of the time, coupled with a personal defiance of these norms in Baty's private life, is recognised by contemporary scholars as establishing Baty as a transgender pioneer.[34][35]

Baty's unwavering support for Japan during the war made Baty a controversial figure in international law.[2] Critics have described Baty as both a traitor and an apologist for imperialism.[36] In 2004, a commemorative seminar was held at the University of Tokyo on the 50th anniversary of Baty's death to reappraise Baty's contributions to international law. It featured work from the scholars Vaughan Lowe, Martin Gornall and Hatsue Shinohara.[37]

Works

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Books

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As Thomas Baty

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As Irene Clyde

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Articles

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  • "The Root of the Matter". Macmillan's Magazine. Vol. 88. 1902–1903. pp. 194–198.
  • "The Aëthnic Union". The Freewoman. 1 (14): 278–279. 22 February 1912.
  • "Can an Anarchy be a State?" American Journal of International Law, Vol. 28, No. 3 (Jul., 1934), pp. 444–455
  • "Abuse of Terms: 'Recognition': 'War'" American Journal of International Law, Vol. 30, No. 3 (Jul., 1936), pp. 377–399 (advocating the recognition of Manchukuo)
  • "The 'Private International Law' of Japan" Monumenta Nipponica, Vol. 2, No. 2 (Jul., 1939), pp. 386–408
  • "The Literary Introduction of Japan to Europe" Monumenta Nipponica, Vol. 7, No. 1/2 (1951), pp. 24–39, Vol. 8, No. 1/2 (1952), pp. 15–46, Vol. 9, No. 1/2 (1953), pp. 62–82 and Vol. 10, No. 1/2 (1954), pp. 65–80

Notes

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Thomas Baty

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Thomas Baty (1869–1954) was an English international lawyer who relocated to in 1916 to serve as legal adviser to the government there, a position he held until his death. Educated at the —where he earned a BA in 1892, BCL in 1894, and DCL in 1901—and at the , Baty lectured in law at and authored several works on , notably published in 1909. Beginning in 1909, he adopted the Irene Clyde for writings that critiqued conventional gender distinctions, including the utopian novel Beatrice the Sixteenth envisioning a genderless society, and co-founded the journal in 1915 to promote radical feminist ideas opposing sex-based social barriers.

Early Life and Education

Family Background and Childhood

Thomas Baty was born on 8 February 1869 in Stanwix, a suburb of Carlisle in , , into an established cabinet-making family. His father, William Thomas Baty, worked as a cabinet-maker, while his mother, Mary (née Matthews), managed the household; Baty was the eldest child. Baty's father died on Day 1876, when Baty was seven years old, leaving his mother to raise the family. This early loss shaped a reliant on the mother's resources in a modest artisanal environment near the Scottish border. During his childhood, Baty attended Carlisle Grammar School, where he received a typical of the era for middle-class boys aspiring to professional paths. Little is documented about specific childhood experiences beyond this schooling, though the family's roots provided a stable, if unremarkable, provincial upbringing.

Academic Training and Early Intellectual Development

Baty attended Carlisle , where he excelled academically and earned a scholarship to the . In 1888, he enrolled at , focusing on . He graduated with a degree, achieving second-class honours in in 1892. Pursuing advanced legal studies, Baty obtained a from in 1894 and later a in 1901. He also held the Stowell Civil Law Fellowship at , around 1895, which emphasized and facilitated his early research in civil law principles and state sovereignty. This fellowship, awarded for proficiency in international legal topics, marked an early pivot toward specialized scholarship in cross-border disputes and treaty interpretation. Baty supplemented his training with degrees from the , earning a from Trinity College in June 1901 and a Doctor of Laws in 1903. These qualifications, combined with lecturing and examining roles at , honed his analytical approach to and empirical treaty analysis, laying the groundwork for his later publications conduct and international obligations. His academic trajectory reflected a rigorous, evidence-based engagement with legal texts from Grotius onward, prioritizing causal mechanisms in state interactions over normative ideals.

Pre-Japan Career and Advocacy

Baty was admitted to the in January 1896 and called to the bar in November 1898. Following his qualification, he engaged primarily in academic and scholarly pursuits rather than extensive courtroom practice, lecturing on at universities including , , , and . His early legal work emphasized theoretical contributions, with publications such as works on and principles, reflecting a focus on doctrinal analysis over litigation. This period marked Baty's development as an expert in , where he contributed to discussions on recognition and state obligations through articles in legal journals, including critiques of recognition practices. Despite his bar qualification, contemporary accounts indicate limited success in attracting barristerial briefs, leading him to prioritize writing and teaching, which laid the groundwork for his later advisory roles abroad. By 1916, these efforts culminated in his departure for , ending his British legal engagements.

Feminist Writings and Anti-Gender Binary Activism

Under the pseudonym Irene Clyde, Baty produced writings that critiqued conventional sex roles and promoted the dissolution of distinctions between males and females, framing such binaries as artificial impositions rather than inherent realities. His 1909 utopian novel Beatrice the Sixteenth: Being the Personal Narrative of Mary Hatherley, M.B., Explorer and envisions a future society where categories have been eradicated, allowing individuals to embody traits irrespective of biological sex, with the narrative exploring themes of personal liberty from sex-based constraints. In 1934, Clyde published Eve's Sour Apple, a collection of essays extending these ideas by attributing societal ills to rigid sex divisions and advocating their philosophical and practical abolition. Baty's activism extended to organizational efforts, including the founding of the Aëthnic Union in London around 1911–1912, a short-lived radical feminist group that sought to undermine male dominance and promote aëthnicism—a doctrine rejecting sex as a defining human category. From approximately 1915 to 1940, he co-edited Urania, a privately circulated journal co-produced with collaborators like Eva Gore-Booth and Esther Roper, which disseminated essays and clippings challenging the gender binary, emphasizing the fluidity of sex characteristics and criticizing enforced dimorphism as a cultural fallacy rather than a biological imperative. The journal's content, often drawn from diverse international sources, argued that biological sex existed on a spectrum and that social roles deriving from it stifled individual potential, aligning with Baty's self-described "extreme feminist" stance that aimed to "abolish all sex distinctions." These efforts positioned Baty as an early critic of what he viewed as overstated sexual dimorphism, predating mid-20th-century gender theories but rooted in Edwardian-era pacifist and suffragist circles rather than empirical biology; his arguments relied on philosophical assertion over anatomical evidence, such as dismissing gonadal differences as insufficient for categorical separation. While contemporary accounts in Who's Who noted his recreations included "extreme feminism," the limited circulation of his works—Urania reached only hundreds of subscribers—confined their influence to niche intellectual networks, with no measurable impact on broader policy or public discourse at the time. Later interpretations by academics have highlighted potential inconsistencies, such as Baty's male legal persona contrasting his female-authored advocacy, but primary materials show a consistent rejection of binary enforcement without endorsing surgical or hormonal interventions.

Professional Life in

Following the death of Henry Willard Denison, the previous foreign legal adviser to the Japanese , in 1914, the ministry sought a successor to continue providing expert counsel on . Denison, an American jurist, had served in the role since 1881, offering advisory services on treaties, , and legal disputes involving . Thomas Baty, a British international with established publications on subjects such as polar claims and state succession, was selected for the position. His appointment occurred in 1916, facilitated by connections in legal societies amid , when required impartial expertise to navigate global relations. Baty relocated to that year, assuming duties as the ministry's principal foreign legal adviser, a role that involved drafting opinions, reviewing diplomatic documents, and advising on compliance with international norms. The appointment was formalized without public ceremony, reflecting the discreet nature of foreign advisory hires in Japan's modernizing bureaucracy, and it granted Baty significant influence within the ministry's Treaty Bureau. For his service, he later received decorations including the , underscoring the value placed on his expertise by Japanese officials. This position initiated a tenure spanning over two decades, during which Baty's counsel shaped Japan's positions in interwar diplomacy.

Contributions to Japanese International Law

Thomas Baty, appointed as legal adviser to Japan's Ministry of Foreign Affairs in 1916, provided ongoing counsel on international legal matters until 1941, with his contract renewed multiple times, including recognition of his service via the Imperial Order of the Sacred Treasure (third class) in 1920. His advisory role focused on interpreting treaties, state recognition, and territorial claims, drawing from a philosophy prioritizing effective territorial control over nominal sovereignty or de jure assertions as the decisive factor for legitimacy under international law. This naturalist approach, rooted in empirical control rather than abstract rights, diverged from positivist norms prevalent in Western scholarship but aligned with Japan's pragmatic expansionist policies. Baty's doctrine proved instrumental in justifying Japan's recognition of following the 1931 occupation of , where he contended that China's fragmented governance precluded it from qualifying as a coherent state entitled to non-intervention protections, thereby permitting effective control by Japanese-backed authorities as a basis for statehood. In 1932, as adviser, he opined publicly that recognizing did not contravene the of 1922, countering doctrines like the U.S. Hoover non-recognition policy that condemned territorial gains by force; this view bolstered Japan's defense before the of Nations, emphasizing factual possession over treaty prohibitions. Critics, including League investigators, rejected such rationales as enabling , yet Baty's arguments influenced internal Japanese policy formulation, prioritizing causal realities of control over moralistic internationalist ideals. Beyond policy advice, Baty contributed scholarly analyses of 's application of international norms, notably in his 1939 article "The 'Private International Law' of ," which examined how Japanese courts resolved conflicts involving foreign elements, such as choice-of-law rules and jurisdictional competence in cross-border disputes. He advocated for pragmatic adjudication based on connecting factors like domicile or locus of transaction, critiquing rigid codifications in favor of judicial discretion attuned to empirical circumstances, thereby bridging Anglo-Japanese legal traditions. These writings, while advisory in origin, informed 's evolving private framework amid increasing global engagements, though his primary impact lay in confidential government opinions rather than public treatises. A 2004 seminar by the International Law Association Branch reappraised his legacy, highlighting enduring debates over his non-mainstream naturalist lens in legitimizing imperial actions.

Defense of Imperial Policies

Baty's legal opinions emphasized a framework prioritizing organization and effectiveness over formal territorial claims, as outlined in his 1930 work The Canons of International Law, where he defined as requiring an "organized people" exhibiting a unified will rather than mere nominal control. This philosophy underpinned his defense of Japan's 1931 intervention in , framing it as a necessary response to and instability threatening Japanese railway interests under the 1905 Sino-Japanese Treaty, rather than unprovoked . He drafted Japan's initial declarations on September 18, 1931, and October 26, 1931, asserting that military measures were limited to restoring order and securing treaty obligations, with no intent to detach territory from . In a 1932 memorandum to the Japanese Ministry of Foreign Affairs and his "Draft of Observations on the " dated October 12, 1932, Baty argued that China's fragmented governance—marked by warlord conflicts and absence of centralized authority—disqualified it from sovereign protections under the Covenant or Kellogg-Briand Pact, equating its "chaos" to a non-state entity unworthy of presuming orderly rule. He contended that the resulting independence of in March 1932 reflected local emerging from this vacuum, not Japanese imposition, and that recognizing it did not violate the 1922 , as China's effective had lapsed. These arguments, incorporated into Japan's official 1933 reply to the , portrayed imperial expansion as stabilizing a power void, countering Western accusations by invoking precedents of effective control in international jurisprudence. Baty extended this rationale to broader imperial policies, including Japan's wartime conquests, which he publicly justified in articles for Contemporary Japan between 1942 and 1944 as countermeasures to entrenched Western dominance in , such as unequal treaties and colonial spheres that had persisted since the . His 1932 pamphlet The Manchurian Question: Japan’s Case in the Sino-Japanese Dispute synthesized these views, insisting that favored pragmatic outcomes over hypocritical formalism, where China's internal failures invited corrective action. For these contributions, particularly on , Baty received an upgrade to the , second class, in 1936. While his public drafts aligned with government positions, private correspondence indicated he viewed his role as technical drafting rather than policy origination, though his canons provided the intellectual scaffolding for legitimizing empire through asserted necessity and efficacy.

Support for Japan in World War II

Baty elected to remain in after the Japanese declaration of war on the and Britain on December 8, 1941, rejecting multiple offers from the British Embassy to arrange his repatriation to neutral territory. He continued to receive a salary from the Japanese and enjoyed official protection throughout the conflict, performing nominal office duties linked to his longstanding advisory role despite the formal end of his contract in 1941. This decision aligned with his prior intellectual commitment to Japan's position in , viewing its actions as a corrective to Western dominance rather than unprovoked aggression. During the war years, Baty actively contributed writings that bolstered Japanese propaganda efforts, publishing articles in the English-language journal Contemporary Japan: A Review of Far Eastern Affairs. Notable pieces included "A Maker of Trouble" in , which critiqued Allied leadership, and "The War Kaleidoscope" in December 1944, which framed Japan's campaigns as defensive necessities amid global realignments. These publications, circulated to promote Japan's narrative internationally, employed Baty's expertise in international law to argue that Allied interventions violated principles of effective control and sovereignty, echoing his earlier defenses of Japanese actions in . As late as 1944, his output included condemnations of figures like and , portraying them as instigators of unnecessary conflict. Baty's wartime stance reflected a consistent application of his naturalist legal , prioritizing governance over formal treaties, which he believed justified Japan's establishment of the as a regional counterweight to European and American influence. While not holding an official wartime position, his voluntary alignment provided intellectual legitimacy to Japanese policies at a time when the sought Western sympathizers to counter isolation. Postwar British assessments viewed this support as aiding the enemy, though prosecution was declined due to his advanced age and limited operational impact.

Accusations of Treason and Ethical Critiques

Following 's entry into with the on December 7, 1941, Baty rejected opportunities for offered by British authorities and continued his role as legal adviser to 's until the war's end in 1945. His wartime activities included drafting legal opinions supportive of Japanese policy and authoring articles in the ministry-affiliated journal Contemporary Japan from 1942 to 1944, such as "The War Kaleidoscope" in December 1944, which critiqued Allied legitimacy and defended 's position in the conflict. These efforts, combined with an intercepted letter from his sister dated March 19, 1943, expressing his alignment with , prompted the British Foreign Office to classify him as a traitor in 1943 for aiding an enemy state during wartime. Sir William Eric Beckett, the Foreign Office's legal adviser, reviewed the evidence in detail and concluded that Baty had committed through his sustained collaboration, including his refusal to leave and provision of legal services to the enemy . However, Beckett recommended against prosecution, citing Baty's advanced age of 75, the absence of direct military involvement, and potential mitigation from his long prior residence in since 1916. Postwar investigations in confirmed the treasonous nature of his actions but led to no formal ; instead, the British withdrew his and consular protection, effectively stranding him in without citizenship privileges. Ethical critiques of Baty centered on the perceived moral inconsistency between his prewar pacifist writings—such as advocacy for —and his practical endorsement of Japanese imperialism, including donations totaling 5,000 yen (five installments of 1,000 yen each starting in ) to support families of Japanese soldiers, framed by Baty as but viewed by detractors as wartime partisanship. Critics, including British officials, argued that his non-mainstream interpretations, which justified actions like the 1931 occupation of in works such as The Manchurian Question (), provided intellectual cover for aggressive expansionism that contributed to broader Pacific conflict and civilian suffering, prioritizing over realist assessments of causal aggression. These positions were seen as enabling policies later adjudged violations of international norms, though Baty maintained they adhered to treaty-based statehood criteria, dismissing entities like the Chinese government as non-sovereign. No independent ethical tribunals addressed his conduct, leaving evaluations to governmental assessments that emphasized betrayal of national allegiance over abstract legal theory.

Postwar Consequences and Isolation

Following Japan's surrender on September 2, 1945, Thomas Baty encountered severe repercussions from British authorities for his wartime conduct, including his rejection of opportunities and ongoing contributions to Japanese publications defending the country's actions. The British Foreign Office launched a investigation, amassing evidence such as his articles in Contemporary Japan from 1942 to 1944 and his sustained employment ties, ultimately determining that he had committed by aligning with an enemy state. Prosecution was deemed inadvisable, however, owing to Baty's age of 75 and his decades-long immersion in Japanese affairs, which had eroded his ties to Britain. In 1946, the British government formally withdrew Baty's and stripped him of consular protection, barring any relocation to British territories such as Bombay and classifying him effectively as a Japanese subject ineligible for . This decision precluded his return to the despite any potential desires, enforcing a state of involuntary rooted in his perceived disloyalty. Baty's isolation deepened amid personal losses and material hardships; his residence was destroyed in wartime bombings, compelling a temporary relocation to Nikko from 1944 to 1945, and the death of his sister in left him solitary, as reflected in his private writings lamenting unprecedented aloneness in . Cut off from British networks and support, he persisted in under constrained circumstances, his status as a pariah underscoring the punitive fallout from his ideological commitment to Japan's cause over allegiance to the Allied powers.

Gender and Identity Perspectives

Philosophical Rejection of Sexual Dimorphism

Thomas Baty, under the pseudonym , developed a philosophical framework that contested the binary framework of human , positing that strict —manifest as discrete categories—was an insufficient model for capturing human variation and potential. In works such as essays and novels published in the early , he argued for transcending these categories, viewing them not as fixed biological imperatives but as socially reinforced constructs that hindered individual freedom and societal progress. Baty's critique emphasized aspirational ideals over empirical , suggesting that humanity could and should evolve toward an "aethnic" state where differences become irrelevant, thereby rejecting dimorphism's prescriptive role in identity and relations. Central to this philosophy was the founding of the Aëthnic Union in , a short-lived Baty established to promote interactions that deliberately overlooked biological sex distinctions and attendant norms. Members adopted neutral pronouns like "aethnen" and aimed to cultivate habits indifferent to dimorphic traits, reflecting Baty's belief that such differences, while observable, ought to be philosophically neutralized to achieve personal and collective liberation from "sex tyranny." This stance extended to critiques of and as dimorphism-enforcing institutions, with Baty advocating alternatives that prioritized emotional and affinities over physical . Baty elaborated these ideas through the journal Urania, which he edited from around 1913 until 1940, featuring contributions that challenged binary sex classifications by highlighting intersexuality, hermaphroditism, and same-sex attractions as natural counterexamples to dimorphism's universality. Articles in Urania framed as a rather than an absolute, urging readers to reject its dominance in favor of fluid self-identification and cross-gender expression. Baty's normative rejection prioritized utopian ethics—drawing from feminist and pacifist influences—over , though contemporaries noted his views aligned more with ideological reform than scientific rebuttal of dimorphic evidence in , , and . In publications like the essay collection attributed to Irene Clyde, Baty further dismantled dimorphism by portraying sexed bodies as malleable in perception and role, decrying enforced dimorphic behaviors as coercive and antithetical to human dignity. This influenced a niche circle but faced limited uptake, as it clashed with prevailing empirical understandings of sex differences rooted in observable traits like production and secondary . Baty's approach, while innovative for its era, relied on prescriptive reasoning rather than of dimorphism's evolutionary and functional bases, positioning it as a call for cultural override of biological realities.

Personal Gender Expression and Lifestyle

Thomas Baty maintained a public persona as a male international lawyer while adopting the female pseudonym Irene Clyde for literary and activist pursuits, expressing a personal preference to be known by this name and articulating a desire "to be a lady." This duality reflected his philosophical opposition to binary gender norms, which he explored in private life through feminine attire, including hosting guests in a "flowing and low-necked gown." Contemporary Canadian diplomat Hugh Keenleyside, who visited Baty in Japan during the 1920s, described him as an "active transvestite," noting his adoption of feminine modes of dress in domestic settings while maintaining male professional presentation. Relocating to in provided Baty with social and cultural latitude for such expressions, as the expatriate upper strata and his position as legal adviser to the Foreign Ministry insulated him from stricter English conventions. He resided comfortably in a ministerial house in , supported by servants, and later at a lakeside retreat near Lake Chuzenji in Nikko with his sister Anne Baty until her death in 1944; this arrangement facilitated a reclusive yet privileged that accommodated his gender non-conformity without public . Baty socialized selectively with officials and expatriates, participating in activities like sailing races, while adhering to personal habits such as , consistent with his affiliation to the Humanitarian League and vice-presidency of the Vegetarian Society. His intertwined with broader lifestyle choices rejecting , as evidenced by his editorship of (1915–1940) under the Irene Clyde persona, where he promoted the abolition of sex distinctions and critiqued heterosexual marriage as coercive. This private defiance of norms persisted amid professional isolation , underscoring a deliberate separation between his legal and personal identity.

Historical Accounts and Empirical Assessments

Historical accounts of Thomas Baty's gender perspectives, primarily drawn from his writings under the pseudonym Irene Clyde and the publications of the Urania journal, portray a deliberate rejection of biological determinism in favor of cultural and spiritual neutrality. In the 1909 novel Beatrice the Sixteenth, Clyde depicted a utopian society where individuals are ignorant of their biological sex at birth, emphasizing soul-based identity over physical dimorphism. Baty founded the Aëthnic Union in 1912 to advocate against rigid gender classifications, attracting a small network of sympathizers including suffragists Eva Gore-Booth and Esther Roper. The Urania journal, co-edited by Baty/Clyde from around 1916 to the 1940s with a circulation of approximately 200–300 copies, featured articles arguing that sex differences were exaggerated, souls were inherently sexless, and societal binaries hindered human potential; topics included same-sex affinities and critiques of "mannishness" or "effeminacy" as unattractive deviations. Contemporary perceptions within Baty's insular circle viewed his cross-gender expression—dressing as a woman privately in after 1916 and insisting on the Irene Clyde persona—as an authentic embodiment of anti-dimorphic ideals, aligned with and utilitarian arguments that roles were malleable cultural constructs rather than innate traits. However, broader societal accounts from the and , limited by Urania's obscurity, likely regarded such views as eccentric or marginal, with no evidence of mainstream endorsement or debate; Baty maintained a male professional identity as a , suggesting his personal practices were compartmentalized and not publicly contested in legal or academic spheres. Empirical assessments of Baty's claims reveal a disconnect between philosophical assertion and observable biological realities. Baty, born male on 8 February 1869 with standard male anatomy, exhibited no atypical intersex conditions or physiological ambiguities documented in historical records, and undertook no medical alterations to sex characteristics beyond apparel and nomenclature. His advocacy for minimal sex differences contrasted with established anthropometric data from the era, such as military and medical surveys showing consistent dimorphic variances in height (males averaging 10–15% taller), strength, and reproductive morphology across populations. These physical markers persisted unchanged in Baty's life, underscoring that his gender expression represented a subjective cultural performance rather than an empirical override of sexual dimorphism's causal foundations in gamete production and evolutionary adaptation.

Modern Interpretations and Substantiated Critiques

Contemporary scholars in gender studies frequently interpret Baty's writings under the pseudonym Irene Clyde, particularly in Urania (published 1916–1940), as precursors to modern non-binary or genderfluid identities, emphasizing his advocacy for rejecting the male-female binary and viewing physical sex as "an accident" irrelevant to character. These analyses highlight phrases from Urania declaring "there are no 'men' or 'women'" and promoting a "genderless" society, positioning Baty as a radical feminist challenging dimorphism through utopian fiction like Beatrice the Sixteenth (1909), where gender conventions are dismantled ethically. Such views often draw from LGBTQ+-focused archives, framing his Aëthnic Union (founded 1912) and personal eccentricities—such as feminine attire in private—as expressions of cross-gender identification akin to early transgender narratives. Critiques of these interpretations argue they anachronistically retrofit 21st-century identity categories onto Baty's philosophical project, which centered on a metaphysical critique of as artificial social imposition rather than personal or self-identification as . Primary accounts indicate Baty maintained a professional persona in , with no documented pursuit of medical interventions or legal sex changes, suggesting his and critiques stemmed from ethical utopianism rather than individualized . Moreover, humanities scholarship advancing readings often originates from institutions exhibiting systemic ideological biases toward affirming fluid gender constructs, potentially overlooking Baty's alignment with broader early-20th-century that prioritized societal reform over biological revisionism. Substantiated empirical assessments underscore limitations in Baty's dimorphism rejection: while he posited character independence from , observable biological differences—such as reproductive and hormonal profiles—persistently correlate with behavioral and physiological variances across species and populations, undermining purely constructivist dismissals without causal . Critics thus contend his vision, though innovative for its time, remains speculative, prioritizing normative ideals over verifiable data on sex-linked traits, which modern (e.g., XX/XY dimorphism in over 99% of humans) substantiates as foundational rather than accidental. This tension highlights how Baty's ideas prefigure postgenderist thought but falter under scrutiny prioritizing causal realism over ideological abstraction.

Personal Affairs and Demise

Relationships, Habits, and Eccentricities

Baty maintained a close relationship with his sister, with whom he resided in Japan for much of his adult life while serving as legal advisor to the Japanese Foreign Ministry. His family, including relatives, shared recreational pursuits such as summers at Lake Chuzenji, where Baty purchased a holiday home that hosted kin and occasional guests, underscoring enduring familial ties despite his expatriate existence. No records indicate romantic partnerships or for Baty, who focused primarily on professional, literary, and ideological endeavors. He confided aspects of his dual identity—transitioning privately from Thomas Baty to Irene Clyde—in select friends, who observed this shift firsthand. Among his habits, Baty adhered to , a practice consistent with his ethical and personal . He sustained a rigorous routine of legal and writing, often under pseudonyms, while residing long-term in , which afforded relative privacy for his unconventional lifestyle. Baty's eccentricities prominently included his adoption of a persona as Irene Clyde for publications and personal demeanor, rejecting conventional male attire and roles in intimate settings. This extended to editorial work on journals like , where he collaborated pseudonymously with like-minded individuals on gender-related themes. His pro-Japanese stance amid global conflicts further isolated him socially, amplifying perceptions of quirkiness in diplomatic and circles.

Final Years and Death

Following Japan's defeat in , Baty's British citizenship was revoked by the government in 1948 due to his wartime association with Japanese authorities, leaving him stateless and confined to without repatriation options. He resided in Ichinomiya, , enduring postwar hardships amid economic scarcity and , though he continued scholarly pursuits in . In 1952, at age 83, Baty was briefly reinstated as legal advisor to the Japanese Ministry of Foreign Affairs, resuming advisory duties until early 1954. Baty died on 9 1954, one day after his 85th , from a cerebral haemorrhage. His funeral received floral tributes from Emperor and various Japanese officials, reflecting lingering respect for his prewar contributions despite his expatriate status. He was buried in , , alongside his mother Mary and sister Annie, under a gravestone acknowledging his dual identities as and .

Enduring Influence

Advancements and Limitations in International Law

Thomas Baty served as legal adviser to Japan's from 1916 to 1941 and again from 1952 to 1954, providing opinions that shaped Japanese interpretations of international obligations, including on territorial disputes and compliance. In this capacity, he authored numerous legal memoranda emphasizing factual control over normative legitimacy in state interactions, influencing policies during Japan's expansionist period. His scholarly output included key texts such as (1909), which analyzed 19th-century arbitration cases across , the , and the to advocate for pragmatic , and The Canons of International Law (1930), which codified principles derived from state practice rather than abstract ideals. A notable advancement in Baty's work was his prioritization of effective territorial control as the primary criterion for state recognition, arguing that governance and security dominance trumped claims of prior or moral entitlement. This realist , articulated in advisory opinions and publications like Polarized Law (), provided a framework for assessing entities like puppet regimes based on observable power dynamics, which applied to justify recognition of in 1932 despite international non-recognition by of Nations. Baty's approach anticipated elements of modern effective control tests in statehood criteria, as later echoed in declaratory theories of recognition, by grounding legal validity in empirical possession rather than collective consent. As joint secretary of the Association from 1905, he contributed to early 20th-century efforts to systematize and rules, promoting treaties as binding only when aligned with actual state capacities. However, Baty's doctrines faced limitations due to their alignment with Japan's , rendering them susceptible to accusations of enabling aggression; critics, including British contemporaries, labeled his wartime advice as traitorous for prioritizing factual control in ways that validated occupations in and the Pacific. Rooted in a non-mainstream philosophy that dismissed idealistic constraints, his views struggled for broader acceptance in Western legal circles, where positivist norms increasingly emphasized multilateral consent post-1919. In his final work, International Law in Twilight (1954), Baty expressed pessimism about the field's erosion, asserting that core principles of sovereignty remained unaltered despite institutional shifts like the , yet warning that interdependence risked undermining reciprocal state autonomy without rigorous adherence to power realities. This reflected a limitation in his framework: an overreliance on bilateral, control-based realism that inadequately anticipated the stabilizing role of mechanisms in constraining unilateral actions.

Role in Early 20th-Century Gender Debates

Thomas Baty, under the pseudonym Irene Clyde, contributed to early 20th-century gender debates by authoring works that critiqued binary sex roles and founded organizations promoting . In 1909, Clyde published Beatrice the Sixteenth, a envisioning a future society where distinctions had been eradicated, arguing that biological sex should not dictate social or personal identity. This text advanced the view that conventions were artificial impositions rather than inherent realities. In 1912, Baty established the Aëthnic Union, a short-lived group that sought to dissolve barriers by advocating a singular ideal merging traits conventionally deemed masculine and feminine, contending that societal bifurcation into "stern masculine" and "trivial feminine" archetypes stifled self-development. The union's members, including figures like and Esther Roper, challenged contemporaneous suffragist movements for implicitly endorsing differentiation. Baty co-founded and co-edited the journal in 1916, which continued publication until 1940 and explicitly declared "There are no ‘men’ or ‘women’" as its guiding principle, compiling articles on same-sex attractions, androgynous ideals, and accounts of sex changes to argue against biological . Through , Clyde's writings, such as the 1934 essays Eve's Sour Apples critiquing marriage and sex-based distinctions, disseminated these positions to a niche audience, positioning Baty as a proponent of amid broader debates on and sexual norms.

Contemporary Re-evaluations and Disputes

In the early 21st century, Baty's gender-related writings under the pseudonym Irene Clyde have attracted renewed scholarly attention, particularly within queer history and , as evidence of early challenges to binary norms. A 2022 Bodleian Libraries assessment portrays Baty as a self-identified radical feminist who critiqued Victorian conventions and advocated for fluidity beyond male-female divisions, influencing modern understandings of gender nonconformity. Similarly, a 2022 thesis frames Clyde's works, including the journal , as envisioning utopian dissolution, aligning Baty with anti-essentialist thought that remakes societal definitions of sex and . Scholars have applied varied contemporary labels to Baty's identity, ranging from genderfluid to non-binary or transgender, based on his feminine self-presentation, pseudonym use, and advocacy for "spontaneous sex-changes" in Urania. A 2004 International Law Association of Japan seminar emphasized Clyde's utilitarian argument that gender traits are culturally malleable rather than biologically fixed, rejecting essentialism while celebrating relational alternatives like same-sex affinities. These interpretations often draw from archival materials, such as Baty's private cross-dressing and utopian fiction like Beatrice the Sixteenth (1909), which depicts a society transcending dimorphism. Disputes persist over retrofitting modern transgender paradigms onto Baty, given his explicit philosophical opposition to sexual dimorphism as a societal construct rather than a claim to womanhood or medical transition—concepts absent in his era. A 2019 reflection on academic gender discourse critiques such appropriations, arguing that presenting Baty as an early transgender exemplar conflates historical cross-dressing or anti-binary radicalism with identity-affirming narratives, potentially distorting his advocacy for gender abolition. Gender-critical perspectives, informed by Baty's own texts, contend that his work prioritized empirical critique of sex roles over personal embodiment of the opposite sex, challenging academia's tendency—prevalent in left-leaning fields like queer studies—to assimilate nonconformists into expansive LGBTQ+ genealogies without sufficient causal linkage to biological or transitional intent. These debates underscore tensions between historical contextualism and presentist reclamation, with Baty's male professional life in Japan (1916–1954) contrasting his private expressions and fueling questions of anachronism.

Principal Publications


Thomas Baty's scholarly and legal publications under his own name centered on , private international law, the laws of war, and domestic liability doctrines, reflecting his expertise as a and his advisory role to the Japanese Ministry of Foreign Affairs from 1916 to 1941. His works emphasized historical analysis, practical application, and critique of evolving legal norms, often drawing from diplomatic precedents and treaty interpretations. In International Law (1909), Baty provided a comprehensive review of nineteenth-century international incidents across Europe, the Near East, and the Americas, focusing on arbitration, territorial penetration, and state sovereignty disputes. This early treatise established his reputation for rigorous examination of customary practices over abstract theory. Polarized Law (1914) comprised three lectures on conflicts of law, augmented by Baty's English translation of the Hague Conventions on private international law, addressing jurisdictional clashes in cross-border civil matters. The book advocated for clearer distinctions in legal forums to resolve "polarized" oppositions between domestic systems. Co-authored with J. H. Morgan, War: Its Conduct and Legal Results (1915) analyzed the legal framework governing wartime actions amid , covering rules on neutrality, blockades, and post-armistice obligations under international conventions. Baty's contributions highlighted the tension between and restraints. Vicarious Liability (1916) traced the historical development of imputed responsibility for employers, principals, partners, associations, and members, incorporating comparative notes on Scottish and foreign jurisdictions. This work critiqued evolving doctrines of agency and accountability in . The Canons of International Law (1930) systematized core principles of state interaction, including recognition, intervention, and validity, informed by Baty's advisory experience in Asian diplomacy. It argued for adherence to positivist sources over moral imperatives in legal . Baty's culminating effort, International Law in Twilight (1954), published posthumously in , assessed the erosion of traditional norms post-World War II, critiquing shifts toward universal organizations and enforced peace mechanisms. Completed amid his final advisory stint from 1952 to 1954, it underscored the precarious balance between and .

Fictional and Polemical Works as Irene Clyde

Under the pseudonym Irene Clyde, Thomas Baty authored Beatrice the Sixteenth: Being the Personal Narrative of Mary Hatherley, M.B., Explorer and Geographer, a utopian novel published in 1909 by George Bell and Sons in London. The story centers on Mary Hatherley, a physician and explorer injured by a camel and transported to Armeria, a monarchical society ruled by Queen Beatrice XVI that discards compulsory sex-linked behaviors, permitting individuals to adopt professions, clothing, and social positions irrespective of biological sex. Through Hatherley's experiences and relationships in this realm, the narrative interrogates Victorian-era gender conventions, portraying rigid distinctions as impediments to personal fulfillment and societal harmony. In , Baty released Eve's Sour Apples, a volume of essays printed by Eric Partridge Ltd. at the Scholartis Press in , spanning 223 pages. The essays denounce heterosexual as a mechanism reinforcing male supremacy and assail the institutionalization of sex differences, urging their outright abolition to foster equality and recognize the fluidity of human attributes beyond binary categories. Clyde contends that societal insistence on distorts natural human variability, advocating instead for a framework unencumbered by such classifications. Baty, as Irene Clyde, co-edited Urania, an irregularly issued, privately circulated journal spanning 1916 to 1940 that advanced polemics against fixed gender roles and compulsory . The publication, often produced in limited runs, compiled articles and correspondence challenging the sex binary, promoting an "aëthnic" ideal of humanity that transcends traditional masculine and feminine delineations. Contributors included figures like , and the journal served as a conduit for radical feminist critiques of in social organization.

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