Book contents
- International Law and World Order
- International Law and World Order
- Copyright page
- Contents
- Preface to the Second Edition
- Acknowledgements to the First Edition
- Foreword to the First Edition
- 1 Introduction
- 2 The Classical Realist Approach to International Law: The World of Hans Morgenthau
- 3 The Policy-Oriented or New Haven Approach to International Law: The Contributions of Myres McDougal and Harold Lasswell
- 4 Richard Falk and the Grotian Quest: Towards a Transdisciplinary Jurisprudence
- 5 New Approaches to International Law: The Critical Scholarship of David Kennedy and Martti Koskenniemi
- 6 Feminist Approaches to International Law: The Work of Hilary Charlesworth and Christine Chinkin
- 7 Towards an Integrated Marxist Approach to International Law (IMAIL)
- Bibliography
- Index
4 - Richard Falk and the Grotian Quest: Towards a Transdisciplinary Jurisprudence
Published online by Cambridge University Press: 28 April 2017
- International Law and World Order
- International Law and World Order
- Copyright page
- Contents
- Preface to the Second Edition
- Acknowledgements to the First Edition
- Foreword to the First Edition
- 1 Introduction
- 2 The Classical Realist Approach to International Law: The World of Hans Morgenthau
- 3 The Policy-Oriented or New Haven Approach to International Law: The Contributions of Myres McDougal and Harold Lasswell
- 4 Richard Falk and the Grotian Quest: Towards a Transdisciplinary Jurisprudence
- 5 New Approaches to International Law: The Critical Scholarship of David Kennedy and Martti Koskenniemi
- 6 Feminist Approaches to International Law: The Work of Hilary Charlesworth and Christine Chinkin
- 7 Towards an Integrated Marxist Approach to International Law (IMAIL)
- Bibliography
- Index
Summary
Among the most sensitive minds writing in the field of international law is that of Richard Falk. A student of Myres McDougal, whose influence he willingly acknowledges, Falk has articulated a distinctive ‘intermediate’ approach to international law that borrows the element of value relevance from the policy-oriented approach and combines it with the element of autonomy from the pure theory of Hans Kelsen. He is thereby able to link law and policy without blurring the distinction between the two. Falk has used the ‘intermediate approach’ to address a whole range of subjects of international law including that of determinacy of rules. Along with McDougal, Falk is among the few international law scholars to deal in their work with all the five logics that co-constitute international law and world order viz., the ‘logic of capital’, the ‘logic of territory’, the ‘logic of nature’, the ‘logic of culture’ and the ‘logic of law’.
- Type
- Chapter
- Information
- International Law and World OrderA Critique of Contemporary Approaches, pp. 179 - 245Publisher: Cambridge University PressPrint publication year: 2017