Morgenthau, Law and Realism
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Although widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the United States in 1938. He went on to become a distinguished professor of Political Science and a prominent public intellectual. Rather than locate Morgenthau's intellectual heritage in the German tradition of Realpolitik, this book demonstrates how many of his central ideas and concepts stem from European and American legal debates of the 1920s and 30s. This is an ambitious attempt to recast the debate on Morgenthau and will appeal to IR scholars interested in the history of realism as well as international lawyers engaged in debates regarding the relationship between law and politics, and the history of international law.
order to be eligible for a venia legendi, or the right to teach as a full faculty member. Morgenthau had begun thinking about his habilitation under the supervision of Arthur Baumgarten in Frankfurt, and part of the agreement with the University of Geneva had been, it appears, that he would be able to continue his work on it and be granted the degree there. It is unclear from Morgenthau’s correspondence with the Law Faculty in Geneva what the original title of the habilitation he had begun
Atlantic, we need to set the scene by outlining the intellectual milieu that awaited him. Of course, just as in Chapter 2, no attempt will be made to provide a comprehensive account of the history of US legal theory.2 The following pages will thus merely flag a series of ‘events’ and turning points that are relevant to the task of situating Morgenthau in the US law scene. It will then be shown how Morgenthau tried to make his own research agenda compatible with this new setting, and how his
logic:Â€it has been experience’, Holmes told his readers. ‘The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed’.19 Influenced by the general move towards Darwinism that characterized most academic fields in the later decades of the nineteenth century,
Jurisprudence between the Wars’, p. 439; Purcell The Crisis of Democratic Theory, p. 168; and Duxbury, ‘The Reinvention of American Legal Realism’, pp. 168–9. 76 Ibid., p. 170. 77 Purcell, The Crisis of Democratic Theory, pp. 168–75. Nonetheless, making ‘encouraging noises’ in the direction of natural law ultimately did not constitute ‘conceding any ground’, Duxbury, ‘The Reinvention of American Legal Realism’, p. 174. 78 See also Horwitz, The Transformation of American Law 1870–1960, pp.
National Interest, pp. 12–13. 51 Ibid., p. 30.â•…â•‡ 52â•‡ Ibid., p. 34. 53 Morgenthau, ‘Another “Great Debate”’, p. 983. 54 Morgenthau, In Defense of the National Interest, p. 33; emphasis added. 160 Morgenthau, Law and Realism the less spectacular, painstaking search for the actual laws and the facts underlying them’.55 As Lassa Oppenheim had already pointed out, and Morgenthau frequently repeated, there is no international law where there is not also a community of interests or a