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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism †

Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism †

Reading Jeremy Rabkin

(p.89) 10 Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism
Comparative Law as Transnational Law

Ignacio De La Rasilla

Del Moral

Oxford University Press

This chapter reviews the books, Law Without Nations? Why Constitutional Government Requires Sovereign States and The Case for Sovereignty: Why the World Should Welcome American Independence, by Jeremy Rabkin. It presents Rabkin's neoconservative defense of United States sovereignty by attempting to soften the impact of the most rhetorically aggressive aspects embedded in his books. Playing along with his rhetorical, strident spiral risks obscuring far more scholarly substantive considerations that frame his work within a specific contemporary doctrinal trend. To categorize Rabkin's as “untouchable” by stressing the aspects of its partisan political posture that would also gratuitously reinforce the accursed fame that neoconservative legal scholars enjoy within their own academy. Moreover, approaching Rabkin's scholarship without animosity offers additional analytic possibilities beyond simply adding another chapter to the inflated rhetoric of “hegemonic international law” that is so in vogue.

Keywords:   United States, law, sovereignty, constitutional government, sovereign states, American independence, book review

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