The Teaching of International Law
نویسنده
چکیده
Let me say in the beginning that I do not take it as my responsibility in this program to describe the teaching of international law in the United States. I would not dare to give my version with my colleague, Professor Stevens, an ex-colleague, Professor McWhinney, and other friends and associates present in the audience. I do not think, either, that I will attempt to make any comparison between what is done in the United States and what is done in England. I had my first training in England, with Professor Brierly, whom I still regard as one of the great men of all time. I am reminded by Professor McWhinney's emphasis upon languages of an incident that occurred when I was traveling one Christmas to the Association of American Law Schools meeting with friends, including a professor from a great school near New Haven. I asked this friend what he was teaching, and he replied that he was teaching a course in comparative constitutional law to students from other countries. I happened to know that this man did not know any languages, and so I said, "How in the world do you teach a course in comparative constitutional law?" "Well," he said, "it's like this. I teach them the United States Constitution, and they can damn well compare their own!" The most that I propose to attempt, without making any pretense of being representative, is to suggest the broad outlines of an emphasis in theory about international law which is shared by several of us participating in this meeting and by a considerable number of people back home. The American Society of International Law has already put out little pamphlets which describe the teaching of international law, both in the law schools and in departments of government. Unhappily, a quick look at these pamphlets demonstrates that much of our teaching, although it has increased in quantity in the last fifty years, is highly conventional, emphasizing relatively unimportant problems. The inspiration that moves many of us in seeking a new and more comprehensive conceptual map is the same inspiration that was behind the call for our conference here today. As Professor McWhinney suggests, we attempt to build not only upon sociological jurisprudence, with its roots deep in England and the continent and elsewhere, but also upon American legal realism and the theories and findings of the emer-
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