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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

By
Harlan Grant Cohen
Edited by
Chiara Giorgetti  and
Guglielmo Verdirame
Chiara Giorgetti
Affiliation:
University of Richmond
Guglielmo Verdirame
Affiliation:
King's College London
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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.

Keywords

Legal realismAmerican realistsModern schools of American international lawconvergence of American schools
Type
Chapter
Information
Whither the West?
International Law in Europe and the United States
 , pp. 33 - 52
Publisher: Cambridge University Press
Print publication year: 2021

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