Legal History

America and the Law of Nations 1776-1939

By Mark Weston Janis
Oxford University Press February 2010

Specifications

ISBN-13
9780199579341
Publisher
Oxford University Press
Publication
February 2010
Format
Hardback , 256 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

  • The first book to deal with the important topic of America's relationship with international law in historical perspective
  • Based on the stories of key figures of American history, tracing and analyzing their contribution to international law
  • Written in an accessible and lucid style

America and the Law of Nations 1776-1939 is a unique exploration of the ways in which Americans have perceived, applied, advanced, and frustrated international law. It demonstrates the varieties and continuities of America's approaches to international law. The book begins with the important role the law of nations played for founders like Jefferson and Madison in framing the Declaration of Independence and the Constitution. It then discusses the intellectual contributions to international law made by leaders in the New Republic -Kent and Wheaton- and the place of international law in the 19th century judgments of Marshall, Story, and Taney. The book goes on to examine the contributions of American utopians -Dodge, Worcester, Ladd, Burritt, and Carnegie- to the establishment of the League of Nations, the World Court, the International Law Association and the American Society of International Law. It finishes with an analysis of the wavering support to international law given by Woodrow Wilson and the emergence of a new American isolationism following the disappointment of World War I. 

For anyone who hopes to understand the important place of international law in America and the complex role of America in the development of international law, America and the Law of Nations 1776-1939 is a crucial read.

Readership: Students and scholars of public international law, the history of international law, international relations, and American history.

Table of Contents

1: Blackstone and Bentham: The Law of Nations and International Law
2: Jefferson, Madison, and Marshall: The Law of Nations and the New Republic
3: Kent and Wheaton: The International Law of Christendom
4: Dodge, Worcester, Ladd, and Burritt: Christianity, Courts, and World Peace
5: Taney and his Court: Slavery, International Law, and American Exceptionalism
6: Lieber, Field, and Wharton: The Science of International Law
7: Great Expectations: The Alabama Arbitration and the Progress of International Law
8: Root, Scott, and Taft: Of Peace, and Laws, and Learned Men
9: Woodrow Wilson: The Passion of the Converted
10: Holmes: International Law and American Federalism
11: International Law After the Great War

About the Author

Mark Weston Janis, William F. Starr Professor of Law, University of Connecticut School of Law, and Visiting Fellow in Law, University of Oxford

Mark Weston Janis is William F. Starr Professor of Law at the University of Connecticut School of Law. Born in Chicago in 1947, he is a graduate of Princeton (A.B. 1969), Oxford (B.A. 1972) where he was a Rhodes scholar, and Harvard (J.D. 1977). He served as a U.S. naval officer (1972-75), and practiced international corporate and financial law with Sullivan & Cromwell in New York and Paris (1977-80). He first joined the faculty at Connecticut in 1980. He was for four years (1993-97) a member of the law faculty of the University of Oxford in England where he was Reader in Law, Fellow of Exeter College, and Director of Graduate Legal Studies (Research Degrees). He is the author of three widely-adopted law school books: An Introduction to International Law (Aspen 5th edn 2008), Cases and Commentary on International Law (West 3rd edn 2006), and European Human Rights Law (OUP 3rd edn 2008). He has also published more than 50 articles on international law.

Reviews

"A welcome addition to the canon of international law scholarship. Libraries and researchers alike will find the footnotes alone make America and the Law of Nations 1776-1939 
worth adding to their collections."-AAAL Spectrum 
 

"Janis's important new book reminds us that an effective law of nations requires a commitment on the part of idealistic men and women who have the will and energy to resolve the problems and overcome the challenges." 
--John F. Murphy, Villanova University 
The American Journal of International Law

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