The American tradition of international law : great expectations, 1789-1914

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書誌事項

The American tradition of international law : great expectations, 1789-1914

Mark Weston Janis

Clarendon Press : Oxford University Press, 2004

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注記

Includes bibliographical references and index

収録内容

  • The English legacy : the law of nations and international law
  • Jurists : the international law of Christendom
  • Lawyers and judges : international law in the courtroom and the constitution
  • Utopians : international courts and world peace
  • Scientists : the codification and science of international law
  • Dreamers and diplomats : the promise of international law

内容説明・目次

内容説明

This volume, the first of two, charts the history and emergence of international law in the American common law tradition, from its English roots in the late 18th century to the outbreak of World War I in 1914. At the end of the 18th century it made little sense anywhere in the English-speaking world to talk of either international law or international lawyers, and yet fifty years later, international law had become a commonplace linguistic, legal, and political reality in America, and international lawyering had become a thriving profession. How do we account for the rise of international law in the United States? The answer cannot be simple, and it may never be complete. Yet, approaching this question may enable us to better account for the state of American international law today and to help to predict its future. The author addresses this complex issue by grouping those who played a part in the intellectual development of international law by their several roles: jurists, lawyers, judges, utopians, scientists, dreamers, and diplomats. Some individuals, of course, have acted several parts. He considers the history and development of the discipline from the very creation of the term international law, to its rise to prominence, and to the vast expectations for the discipline at the turn of the 19th century. The book explains how America has arrived at its present approach to international law and thus illuminates its distinctive foreign policy.

目次

  • CHAPTER ONE The English Legacy- The Law of Nations and International Law
  • CHAPTER TWO The Jurists- the International law of Christendom
  • CHAPTER THREE The Lawyers and Judges- International Law in the Courtroom and the Constitution
  • CHAPTER FOUR The Utopians- International Law and World Peace
  • CHAPTER FIVE The Scientists- The Codification and Science of International Law
  • CHAPTER SIX Dreamers and Diplomats- The Promise of International Law

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