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{{short description|American lawyer}} |
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'''Myres Smith McDougal''' (November 23, 1906 – May 7, 1998) was a scholar of [[international law]] and [[Sterling Professor|Sterling Professor of International Law]] at the [[Yale Law School]], where he taught for fifty years. He also taught at [[New York Law School]].<ref>[http://www2.nemcc.edu/mspeople/myres_mcdougal.htm Obituary].</ref> |
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'''Myres Smith McDougal''' (November 23, 1906 – May 7, 1998) was a scholar of [[international law]] and [[Sterling Professor|Sterling Professor of International Law]] at the [[Yale Law School]], where he taught for fifty years. He also taught at [[New York Law School]].<ref>[http://www2.nemcc.edu/mspeople/myres_mcdougal.htm Obituary].</ref> He was an influential proponent of a "policy-oriented" approach to international law that became associated with Yale Law School.<ref>{{Cite journal |last=D'Amato |first=Anthony |date=1984–1985 |title=Is International Law Really Law |url=https://heinonline.org/HOL/Page?handle=hein.journals/illlr79&id=1303&div=&collection= |journal=Northwestern University Law Review |volume=79 |pages=1301–1302}}</ref><ref name=":1">{{Cite book |last=Orakhelashvili |first=Alexander |url=https://www.taylorfrancis.com/books/mono/10.4324/9780429439391/akehurst-modern-introduction-international-law-alexander-orakhelashvili |title=Akehurst's Modern Introduction to International Law |year=2018 |publisher=Routledge |pages=13 |doi=10.4324/9780429439391|isbn=9780429439391 |s2cid=159062874 }}</ref><ref>{{Cite journal |last=Anderson |first=Stanley V. |date=1963 |title=A Critique of Professor Myres S. Mcdougal'S Doctrine of Interpretation by Major Purposes |url=https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/critique-of-professor-myres-s-mcdougals-doctrine-of-interpretation-by-major-purposes/9E8D295D8E734F5D10C8031015332755 |journal=American Journal of International Law |language=en |volume=57 |issue=2 |pages=378–383 |doi=10.1017/S0002930000129641 |issn=0002-9300}}</ref> |
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McDougal was born in Burton, Mississippi in 1906. He received undergraduate and LL.B. degrees from the [[University of Mississippi]], was a [[Rhodes Scholar]] at St. John's College in [[Oxford University]], from which he received a B.C.L. in 1930, and received a J.S.D. from Yale in 1931. He began teaching property law at Yale in 1934, after spending several years at the University of Illinois in Urbana.<ref> |
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| ⚫ | </ref> During [[World War II]] he served as |
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== Early life and education == |
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McDougal was born in Burton, Mississippi in 1906. He received undergraduate and [[Bachelor of Laws#United States|LL.B.]] degrees from the [[University of Mississippi]], where he taught classics for two years,<ref>Eugene V. Rostow, [http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3139&context=fss_papers/2131 ''Myres S. MacDougal''], 84 {{smcaps|Yale}} L.J. 704 (1975).</ref> was a [[Rhodes Scholar]] at [[St John's College, Oxford|St. John's College]] in [[Oxford University]], from which he received a [[Bachelor of Civil Law|B.C.L.]] in 1930, and received a [[Doctor of Juridical Science|J.S.D.]] from [[Yale Law School]] in 1931. |
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== Career == |
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| ⚫ | He began teaching property law at Yale in 1934, after spending several years at the University of Illinois in Urbana.<ref>Bonnie Collier, [http://digitalcommons.law.yale.edu/ylsohs/4 "A Conversation with Myres S. McDougal"], Yale Law School Oral History Series, Book 4, at pp. 3–6 (2013).</ref> During [[World War II]] he served as assistant general counsel of the [[Lend-Lease|US Lend-Lease Administration]] in 1942 and general counsel of the [[US State Department]]'s [[Office of Foreign Relief and Rehabilitation Operations]]. After the war he returned to the Yale Law School and achieved recognized distinction in the field of international law.<ref>[http://www2.nemcc.edu/mspeople/myres_mcdougal.htm Obituary]</ref><ref name="YaleBulletin">{{cite news |url=http://www.yale.edu/opa/arc-ybc/ybc/v26.n32.news.11.html |title=Renowned international law scholar Myres S. McDougal dies |volume=26 |number=32 |date=May 8, 1998 |newspaper=Yale Bulletin & Calendar |publisher=Yale Office of Public Affairs & Communications |accessdate=March 4, 2015 |archive-url=https://web.archive.org/web/20150402092326/http://www.yale.edu/opa/arc-ybc/ybc/v26.n32.news.11.html |archive-date=April 2, 2015 |url-status=dead }}</ref> Professor McDougal served on the US delegation to the 1969 UN conference in Vienna that produced the Convention on the Law of Treaties.<ref>[http://www.asil.org/presidents/McDougalMS.html Am. Soc. Int'l Law].</ref> Second Circuit Judge [[José A. Cabranes]] said of him, "Myres McDougal was, without a doubt, the greatest international lawyer of his time."<ref name="YaleBulletin" /> |
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*The law school of the future: From legal realism to policy science in the world community (1947) |
*The law school of the future: From legal realism to policy science in the world community (1947) |
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*Property, wealth, land: Allocation, planning and development; selectedcases and other materials on the law of real property, an introduction (1948) |
*Property, wealth, land: Allocation, planning and development; selectedcases and other materials on the law of real property, an introduction (1948) |
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*The Public Order of the Oceans: A Contemporary International Law of the Sea (1962) (with William T. Burke) |
*The Public Order of the Oceans: A Contemporary International Law of the Sea (1962) (with William T. Burke) |
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*Law and Public Order in Space (1963) (with Harold D. Lasswell) |
*Law and Public Order in Space (1963) (with [[Harold Lasswell|Harold D. Lasswell]]) |
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*Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (1980) (with Harold D. Lasswell and Lung-chu Chen) |
*Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (1980) (with [[Harold Lasswell|Harold D. Lasswell]] and Lung-chu Chen) |
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*The International Law of War: Transnational Coercion and World Public Order (1994) (with Florentino P. Feliciano) |
*The International Law of War: Transnational Coercion and World Public Order (1994) (with Florentino P. Feliciano) |
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His students included: [[Byron R. White]],<ref>[ |
His students included: [[Byron R. White]],<ref>[https://www.questia.com/read/1G1-94822477 Stanford L.Rev.] October 1, 2002</ref><ref name="YaleBulletin" /> [[Bill Clinton]],<ref>Remarks at Yale University in New Haven, Conn. (by US Pres Bill Clinton on October 9, 1993), October 18, 1993, Weekly Compilation of Presidential Documents</ref><ref name="YaleBulletin" /> [[Nicholas Katzenbach]],<ref>[https://www.questia.com/read/1G1-94822477 Stanford L.Rev.] October 1, 2002.</ref> and [[José A. Cabranes]].<ref name="YaleBulletin" /> |
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As a property scholar, Professor McDougal was famous for asking the question, later asked and answered in [[United States v. Willow River Power Co.]],<ref>324 U.S. 499 (1945).</ref> whether the courts protect an asserted interest because it is a property right or is it a property right because the courts protect it.<ref>See [[Richard H. Stern]], ''[http://docs.law.gwu.edu/facweb/claw/ScopeProtnProb.pdf |
As a property scholar, Professor McDougal was famous for asking the question, later asked and answered in ''[[United States v. Willow River Power Co.]]'',<ref>324 U.S. 499 (1945).</ref> whether the courts protect an asserted interest because it is a property right or is it a property right because the courts protect it.<ref>See [[Richard H. Stern]], ''[http://docs.law.gwu.edu/facweb/claw/ScopeProtnProb.pdf Scope-of-Protection Problems With Patents and Copyrights on Methods of Doing Business]'', 10 {{smcaps|Fordham Intell. Prop., Media & Ent.}} L.J. 105,128 n.100 (1999) (referring to "Professor Myres McDougal's famous question, 'Do we protect it because it's a property right, or is it a property right because we protect it?'"). See also [[Euthyphro dilemma]].</ref> Professor McDougal was also famous for popularizing in legal analysis the concept of [[hierarchy of values]], and the fact that different jurists' or analysts' resolution of particular legal controversies could be explained as the result of their having different hierarchies of values.<ref>Papers relating to the subject were given at the Twentieth World Congress of Philosophy, in Boston, Massachusetts, from August 10–15, 1998, and are collected at this [http://www.bu.edu/wcp/MainValu.htm Website].</ref> McDougal wrote the amicus brief " Presidential Treaty Termination", generally credited with the District Court ruling against President Carter's unilateral termination of the US Taiwan mutual defense treaty. (McDougal and Joseph A Strauss) NYLS, 1980. |
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Professor McDougal was president of the [[American Society of International Law]] and was president of the Association of American Law Schools.<ref name="YaleBulletin" /> |
Professor McDougal was president of the [[American Society of International Law]] and was president of the Association of American Law Schools.<ref name="YaleBulletin" /> |
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==Lectures== |
==Lectures== |
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''Reflections on the New Haven School'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law] |
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==See also== |
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== References == |
== References == |
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{{reflist}} |
{{reflist}} |
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== External links == |
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* Myres Smith McDougal papers (MS 1636). Manuscripts and Archives, Yale University Library. [http://hdl.handle.net/10079/fa/mssa.ms.1636] |
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[[Category:American lawyers]] |
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[[Category:University of Mississippi alumni]] |
[[Category:University of Mississippi alumni]] |
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[[Category:Yale Law School faculty]] |
[[Category:Yale Law School faculty]] |
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[[Category:Presidents of the American Society of International Law]] |
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[[Category:Yale Sterling Professors]] |
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Revision as of 15:17, 24 April 2024
Myres Smith McDougal (November 23, 1906 – May 7, 1998) was a scholar of international law and Sterling Professor of International Law at the Yale Law School, where he taught for fifty years. He also taught at New York Law School.[1] He was an influential proponent of a "policy-oriented" approach to international law that became associated with Yale Law School.[2][3][4]
Early life and education
McDougal was born in Burton, Mississippi in 1906. He received undergraduate and LL.B. degrees from the University of Mississippi, where he taught classics for two years,[5] was a Rhodes Scholar at St. John's College in Oxford University, from which he received a B.C.L. in 1930, and received a J.S.D. from Yale Law School in 1931.
Career
He began teaching property law at Yale in 1934, after spending several years at the University of Illinois in Urbana.[6] During World War II he served as assistant general counsel of the US Lend-Lease Administration in 1942 and general counsel of the US State Department's Office of Foreign Relief and Rehabilitation Operations. After the war he returned to the Yale Law School and achieved recognized distinction in the field of international law.[7][8] Professor McDougal served on the US delegation to the 1969 UN conference in Vienna that produced the Convention on the Law of Treaties.[9] Second Circuit Judge José A. Cabranes said of him, "Myres McDougal was, without a doubt, the greatest international lawyer of his time."[8]
Professor McDougal's books included:[10]
- The law school of the future: From legal realism to policy science in the world community (1947)
- Property, wealth, land: Allocation, planning and development; selectedcases and other materials on the law of real property, an introduction (1948)
- The Public Order of the Oceans: A Contemporary International Law of the Sea (1962) (with William T. Burke)
- Law and Public Order in Space (1963) (with Harold D. Lasswell)
- Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (1980) (with Harold D. Lasswell and Lung-chu Chen)
- The International Law of War: Transnational Coercion and World Public Order (1994) (with Florentino P. Feliciano)
His students included: Byron R. White,[11][8] Bill Clinton,[12][8] Nicholas Katzenbach,[13] and José A. Cabranes.[8]
As a property scholar, Professor McDougal was famous for asking the question, later asked and answered in United States v. Willow River Power Co.,[14] whether the courts protect an asserted interest because it is a property right or is it a property right because the courts protect it.[15] Professor McDougal was also famous for popularizing in legal analysis the concept of hierarchy of values, and the fact that different jurists' or analysts' resolution of particular legal controversies could be explained as the result of their having different hierarchies of values.[16] McDougal wrote the amicus brief " Presidential Treaty Termination", generally credited with the District Court ruling against President Carter's unilateral termination of the US Taiwan mutual defense treaty. (McDougal and Joseph A Strauss) NYLS, 1980.
Professor McDougal was president of the American Society of International Law and was president of the Association of American Law Schools.[8]
Lectures
Reflections on the New Haven School in the Lecture Series of the United Nations Audiovisual Library of International Law
See also
- Yale Law Journal, March 1, 1999 – Issue devoted to Testimonial to late Yale Law School Professor Myres McDougal.
- Bonnie Collier, "A Conversation with Myres S. McDougal", Yale Law School Oral History Series, Book 4 (2013).
- Video interview at Yale.
References
- ^ Obituary.
- ^ D'Amato, Anthony (1984–1985). "Is International Law Really Law". Northwestern University Law Review. 79: 1301–1302.
- ^ Orakhelashvili, Alexander (2018). Akehurst's Modern Introduction to International Law. Routledge. p. 13. doi:10.4324/9780429439391. ISBN 9780429439391. S2CID 159062874.
- ^ Anderson, Stanley V. (1963). "A Critique of Professor Myres S. Mcdougal'S Doctrine of Interpretation by Major Purposes". American Journal of International Law. 57 (2): 378–383. doi:10.1017/S0002930000129641. ISSN 0002-9300.
- ^ Eugene V. Rostow, Myres S. MacDougal, 84 Yale L.J. 704 (1975).
- ^ Bonnie Collier, "A Conversation with Myres S. McDougal", Yale Law School Oral History Series, Book 4, at pp. 3–6 (2013).
- ^ Obituary
- ^ a b c d e f "Renowned international law scholar Myres S. McDougal dies". Yale Bulletin & Calendar. Vol. 26, no. 32. Yale Office of Public Affairs & Communications. May 8, 1998. Archived from the original on April 2, 2015. Retrieved March 4, 2015.
- ^ Am. Soc. Int'l Law.
- ^ Myres S. McDougal: A selected bibliography.
- ^ Stanford L.Rev. October 1, 2002
- ^ Remarks at Yale University in New Haven, Conn. (by US Pres Bill Clinton on October 9, 1993), October 18, 1993, Weekly Compilation of Presidential Documents
- ^ Stanford L.Rev. October 1, 2002.
- ^ 324 U.S. 499 (1945).
- ^ See Richard H. Stern, Scope-of-Protection Problems With Patents and Copyrights on Methods of Doing Business, 10 Fordham Intell. Prop., Media & Ent. L.J. 105,128 n.100 (1999) (referring to "Professor Myres McDougal's famous question, 'Do we protect it because it's a property right, or is it a property right because we protect it?'"). See also Euthyphro dilemma.
- ^ Papers relating to the subject were given at the Twentieth World Congress of Philosophy, in Boston, Massachusetts, from August 10–15, 1998, and are collected at this Website.
External links
- Myres Smith McDougal papers (MS 1636). Manuscripts and Archives, Yale University Library. [1]
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