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International Law and ReligionHistorical and Contemporary Perspectives$
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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

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

The Law of Nations at the Origin of American Law

The Law of Nations at the Origin of American Law

Chapter:
(p.414) 17 The Law of Nations at the Origin of American Law
Source:
International Law and Religion
Author(s):

Paul W. Kahn

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198805878.003.0018

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

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