Book contents
- Whither the West?
- ASIL Studies in International Legal Theory
- Whither the West?
- Copyright page
- Contents
- About the Authors
- Acknowledgements
- Introduction
- I The Idea of International Law in the Divided West
- 1 International Lawyers and Legal Forms
- 2 Are We (Americans) All International Legal Realists Now?
- 3 Are Liberal Internationalists Still Liberal?
- 4 The New, New Sovereigntism, or How the European Union Became Disenchanted with International Law and Defiantly Protective of Its Domestic Legal Order
- II Specific Areas in International Law: Whither the West?
2 - Are We (Americans) All International Legal Realists Now?
from I - The Idea of International Law in the Divided West
Published online by Cambridge University Press: 29 April 2021
- Whither the West?
- ASIL Studies in International Legal Theory
- Whither the West?
- Copyright page
- Contents
- About the Authors
- Acknowledgements
- Introduction
- I The Idea of International Law in the Divided West
- 1 International Lawyers and Legal Forms
- 2 Are We (Americans) All International Legal Realists Now?
- 3 Are Liberal Internationalists Still Liberal?
- 4 The New, New Sovereigntism, or How the European Union Became Disenchanted with International Law and Defiantly Protective of Its Domestic Legal Order
- II Specific Areas in International Law: Whither the West?
Summary
Cohen explores the origin of realism and argues that a wide range of schools of American legal thought drew from various aspects of legal realism. He notes that these various strands have converged and have become mutually reinforcing. International relations scholarship has been refracted through legal realism; American international law scholarship has borrowed from constitutional law scholarship already suffused with realism. He concludes that American legal realism has always had counterparts in other parts of the world, and one could question whether the thick lines between realism and positivism look much thinner and more porous in actual practice.
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- Whither the West?International Law in Europe and the United States, pp. 33 - 52Publisher: Cambridge University PressPrint publication year: 2021