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  • 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
  • View extract

    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.

  • 1 - International Law As Behavior
  • Edited by Harlan Grant Cohen, University of Georgia, Timothy Meyer, Vanderbilt University, Tennessee
  • Book: International Law as Behavior
  • Published online: 15 March 2021
  • Print publication: 01 April 2021, pp 1-18
  • View extract

    Summary

    Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together and are generally separated by academic enclosures and focused on different subfields within international law, thereby unfortunately restricting communication among scholars who are using different methodologies. The goal of this book is to break down some of these barriers and provide a glimpse of what an international law more focused on behavior and more engaged with these other fields might look like; this chapter aims to provide a roadmap in this effort by describing international law’s long interest in behavior and the past attempts to explore that relationship, exploring the book’s approach and laying out the contributions in each chapter, and beginning the process of bringing these insights together and outlining a series of takeaways for future study of international law as behavior.

International Law as Behavior
  • International Law as Behavior
  • Edited by Harlan Grant Cohen, Timothy Meyer
  • Published online: 15 March 2021
  • Print publication: 01 April 2021
  • View description
    This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.
  • What Is International Trade Law For?
  • Harlan Grant Cohen
  • Journal: American Journal of International Law / Volume 113 / Issue 2 / April 2019
  • Published online by Cambridge University Press: 09 April 2019, pp. 326-346
  • Print publication: April 2019
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