Jump to ContentJump to Main Navigation
International Law and ReligionHistorical and Contemporary Perspectives$
Users without a subscription are not able to see the full content.

Martti Koskenniemi, Mónica García-Salmones Rovira, and Paolo Amorosa

Print publication date: 2017

Print ISBN-13: 9780198805878

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198805878.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 January 2021

The Law of Nations at the Origin of American Law

The Law of Nations at the Origin of American Law

(p.414) 17 The Law of Nations at the Origin of American Law
International Law and Religion

Paul W. Kahn

Oxford University Press

This chapter proposes a new way of understanding the relationship between domestic law and the law of nations in the late eighteenth and early nineteenth century. It develops a theoretical structure by elaborating two competing models of order: project and system. These models differ fundamentally in their understanding of the source of order: a project relies on an external principle of order; a system relies on an immanent principle of order. Modern ideas of law have had to negotiate the tension between project and system. This paper argues that in the early American Republic, one locus of this tension was in the relationship of domestic, constitutional law to the law of nations, and that the reconciliation took the form of a theodicy.

Keywords:   Supreme Court (United States), John Marshall, law of nations, theodicy, Immanuel Kant, social contract, secularization, Thomas Jefferson, property, violence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .