Professor David Kennedy
Harvard Law School
Assignments are from Damrosch, Henkin, Pugh, Schachter and Smit, International Law Cases and Materials Fourth Edition (2001) and distributed materials. Those marked with an asterisk (*) are required. Those marked with WS are available on the course website. Assignment abbreviations refer to the following sources:
DHPSS Damrosch, Henkin, Pugh, Schachter and Smit casebook
DM Distributed Materials
Students may also wish to purchase: David Kennedy, Of War and Law, (Princeton University Press 2006) & David Kennedy, The Dark Sides of Virtue: Reassessing International Humanitarianism (Princeton University Press 2004).
This course takes up "public international law" as a discipline --- a community of lawyers and academic jurists with a common vocabulary, a shared sense of history and a shared range of professional activities. We will approach the discipline as participant observers, anthropologists, sociologists, historians. How do these people come to be part of a common enterprise, what is their project, how do they argue and persuade? How do they see the world? What stories do they tell about their origins and aims? What are they seeking to do about what sorts of problems? How do they differ among themselves?
This is also a course about the start of a new century. In many ways the discipline of public international law, well represented by the casebook, is a product of the twentieth century. What came before --- and how was modernism born, built in the first half of the last century? In the forty years after 1945 a liberal and modernist consensus was consolidated in public international law. And now? How can we understand the proliferation of new approaches to the field unleashed in the last decades? Feminism, historicism, interdisciplinarity, cultural studies, post-colonialism, multiculturalism, environmentalism, doctrinal and theoretical critique. Decay? Rebellion? Renewal?
The casebook presents itself as a "classical" treatment, suitable for a course in the "grand classical tradition." We will take this as our starting point. The distributed materials juxtapose historical, theoretical and avant-gardist points of views.
for International Law
Professor David Kennedy
This five-credit course will require one 2,000 word final exam essay and three two-page papers.
One half of the grade will be a take home exam essay (maximum 2,000 words or roughly 10 double-spaced pages), distributed on the last day of class and due on the last day of the exam period.
The other half will be the average of three two-page essays. Each should comment on the readings for one assignment. Students should select three of the assignments and write a two-page essay reflecting on the readings. These papers must be turned in to me before the class in which that assignment is discussed.
One paper must concern an assignment considered during September, one must concern an assignment considered during October, and one must concern an assignment considered during November or December.
International Law Fall 2007 ASSIGNMENT SCHEDULE