Hastings International and Comparative Law Review


Julius Stone


This material is a reprint of Chapter 4 of Professor Stone's latest book, Visions of World Order. Between State Power and Human Justice. In this book, Professor Stone analyzes the "factual substratum" out of which international law arises or ought to arise and how this factual substratum is relevant to discussions of international justice and international law itself. In the chapter reprinted here, Professor Stone discusses the work of Professor Myres McDougal. MeDougal, according to Stone, focuses on the policy-oriented approach of national decision-makers participating in the "World Power Process." Because the policy ostensibly being pursued is the furthering of human goals, values and expectations, McDougal argues that international law is such only to the extent that it assures and elevates human dignity by conforming to these goals, values and expectations. Professor Stone analyses McDougal's approach and points out the fallacies and shortcomings.