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America and the Law of Nations 1776-1939

Mark Weston Janis

Published in print February 2010 | ISBN: 9780199579341
Published online May 2010 | e-ISBN: 9780191722653 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579341.001.0001
America and the Law of Nations 1776-1939

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This book is an 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.

Keywords: American isolationism; law of nations; international law; World War I; Woodrow Wilson; Declaration of Independence; New Republic; American utopians; League of Nations; World Court

Book.  248 pages. 

Subjects: Public International Law

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Table of Contents

Kent and Wheaton: The International Law of Christendom in America and the Law of Nations 1776-1939

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Lieber, Field, and Wharton: The Science of International Law in America and the Law of Nations 1776-1939

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Root, Scott, and Taft: Of Peace, and Laws, and Learned Men in America and the Law of Nations 1776-1939

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Woodrow Wilson: The Passion of the Converted in America and the Law of Nations 1776-1939

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Holmes: International Law and American Federalism in America and the Law of Nations 1776-1939

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