International Law and the Social Sciences

International Law and the Social Sciences

Wesley L. Gould
Michael Barkun
Copyright Date: 1970
Pages: 350
https://www.jstor.org/stable/j.ctt13x1b5f
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    International Law and the Social Sciences
    Book Description:

    A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences-showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated.

    Originally published in 1970.

    ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    eISBN: 978-1-4008-7227-5
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-x)
  3. Preface
    (pp. xi-xiv)
    Wesley L. Gould and Michael Barkun
  4. Introduction
    (pp. xv-2)
    Harold D. Lasswell

    The current radical transformation in legal studies has reached the field of international law, and there is no doubt that this admirable presentation by Professors Gould and Barkun will provide both a guide and an incentive to teachers, researchers, and practitioners who are sensitive to the changing climate of opinion and judgment. For years we have been told that the legalistic approach to the legal process is unnecessarily sterile and that a new birth of relevance calls for full account to be taken of the findings and procedures of the rapidly expanding social and behavioral sciences. Proclamations of the importance...

  5. Chapter I: The Significance of the Social Sciences for International Law
    (pp. 3-48)

    In a number of his discussions of the evolution of mathematics, John Von Neumann noted a recurrent process of renewal of creativity :¹ when a particular segment of mathematics had drawn to itself the efforts of many mathematicians whose use of an essentially common approach or methodology had produced a thorough exploration of the nooks and crannies of that segment, a condition was arrived at in which technical proficiency abounded but no significant new contributions to knowledge were made. For a discipline to reach such a condition is not of itself a misfortune. For it is the purpose of scientific...

  6. Chapter II: Patterns, Structure, and Units
    (pp. 49-93)

    Textbooks on international law frequently include a section on the foundations of international law that may elaborate a doctrine of natural law, of positivism, or of consensus. The doctrine then serves as a basis of discussion of the sources and evidence of positive international law or of occasional probes in the direction of sociological factors. The latter occur much less frequently than might have been expected after Max Huber’s work of 1910. So rare is a probe toward biology such as that attempted by Georges Scelle or toward psychological foundations such as that attempted by Paul Therre and Ranyard West...

  7. Chapter III: International Societal Development
    (pp. 94-125)

    As far as the outside observer is concerned, the process of integration is remarkably similar whatever units are involved.¹ Villages come together as towns, towns coalesce into cities, feudal demesnes fuse into states, states amalgamate to form new states, empires, and supranational entities. From the end of the Middle Ages until 1871, and once again with the South Slavs in 1919, the European map was periodically revised not only by conquests and cessions but also by the consolidation of national groups so that nationality and state boundaries approached congruence. At least some of the blame for the wars that followed...

  8. Chapter IV: Functions, Purposes, Obligations, and Reciprocity
    (pp. 126-175)

    It may be assumed that, with the exception of writers whose sense of “realism” impels them to argue that law is nonexistent in international relations, those individuals who turn their attention to international law hold the conviction that law has something to do with international relations. Not only must this be the case for the publicist, it must also be the case for the practitioner, whether a legal adviser to a Foreign Ministry or a member of a law firm, for otherwise there would be nothing of international scope on which to practice the lawyer’s art.

    That there is something...

  9. Chapter V: Genesis and Evolution of International Legal Norms
    (pp. 176-224)

    Much attention is given in the literature of international law to the formal sources of law, particularly to international agreements. To concentrate on formal sources may provide a service to the practicing lawyer whose professional demands may not require him to reach toward the roots of human behavior to understand why particular norms are what they are and why the legal system is what it is. Those who would probe into the depths indicated are keenly aware of the inadequacies of formal sources as explanations of legal evolution, for the formal sources are themselves the necessary objects to be explained....

  10. Chapter VI: International Procedures and Agents
    (pp. 225-248)

    Over the years international law has developed a complex classification of the means by which disputes may be peacefully resolved: “mediation,” “arbitration,” “conciliation,” “judicial settlement,” “fact-finding,” “good offices.” While systems of classification can be helpful in sorting out differences, they also obscure likenesses. In a system with as many contingent roles andad hocsituations as international law, there may be some profit in temporarily telescoping the categories of pacific settlement in order to see, first, whether there are any unifying factors and, second, whether there might not be other forms of classification that tell us more about how peaceful...

  11. Chapter VII: Some Regulatory Problems of the Contemporary World
    (pp. 249-277)

    Preceding chapters have dealt with international law as a functional subsystem of the international system. Communication, and integrative, adaptive, and socializing functions have received attention, as have more specific matters such as the role of law in the foreign policy decision-making process, international procedures including bargaining and negotiations, the genesis and evolution of international legal norms, the protection of the units of the international system, and international societal development. The tenor of the preceding commentary has been that focus on the content of international norms and on procedural formalities reveals little about the nature and functions of international law and...

  12. Chapter VIII: Humanitarian and Economic Affairs
    (pp. 278-310)

    One of the paradoxes of the contemporary world is that with increased travel, with increased international business activity and with an abundance of new and revolutionary states there has been a marked falling off in resort to claims tribunals dealing with injuries to aliens. Does this mean that strong states are no longer able to bully the weak? Are Western states doing penance for past wrongs? Are aliens no longer rare and unusual creatures? Have some of the patterns of interethnic relations that developed under colonialism proved both satisfactory and durable? Have some of the early experiences of independence revealed...

  13. Index
    (pp. 311-338)