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1 results

  • 2 - Are We (Americans) All International Legal Realists Now?

  • from I - The Idea of International Law in the Divided West
  • Edited by Chiara Giorgetti, University of Richmond, Guglielmo Verdirame, King's College London
  • Book:
    Whither the West?
    Published online:
    29 April 2021
    Print publication:
    29 April 2021, pp 33-52

  • 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.