428 Between Yesterday and Tomorrow (1914– )judge in 1961– 70. To international-law thought, his contribution was the
idea of “transnational law.” Th e term was coined in 1956 and was designed
to refl ect the interpenetration of legal rules and systems generally across the
world, in contrast to positivism’s dualistic picture, which sharply separated
international and domestic law. Jessup insisted on the need for interna-
tional law to be “accompanied by moves in the economic, social and po liti-
cal fi elds calculated to remove or reduce the causes of international fric-
tion.” As concrete examples, he invoked the American New Deal (specifi cally
the Tennessee Valley Authority) and the Marshall Plan for Eu ro pe an
recovery— enterprises in which “lawyers and economists and engineers and
others worked together to solve a problem and to meet a need.” Th ese “great
undertakings” were favorably contrasted to the Pact of Paris, which Jessup
belittled as an attempt to foist an abstract ideal onto states without regard to
the realities of life.
A short distance to the east of Manhattan, Yale Law School in New Ha-
ven, Connecticut, became the foremost American bastion of solidarism.
One of the two leading fi gures of this “New Haven School” (as it came to be
labeled) was the po liti cal scientist Harold Lasswell, relocated to Yale from
the University of Chicago. Th e other was a newer arrival on the scene, a law-
yer named Myres S. McDougal. McDougal’s original legal fi eld had been
property law. While teaching at the University of Illinois Law School in the
early 1930s, he made Lasswell’s acquaintance— or perhaps, more accurately,
came under his spell. He moved to Yale Law School and fi rst became in-
volved in international matters by doing legal work for the lend- lease pro-
gram during World War II. Shortly aft er the war, Lasswell’s move to Yale
made the partnership between the two closer than ever. Th ey made a formi-
dable team.
What bound the two of them together was a mutual interest in values as
the essential currency of politics and law, together with a driving urge to
promote a par tic u lar set of values to the broadest extent possible. McDougal
summed them up under the rubric of “human dignity,” which became a
watchword for him. More specifi cally, Lasswell and McDougal devised an
eightfold confederation of values that it was their central mission to pro-
mote. (For the record, they were power, respect, enlightenment, wealth,
well- being, skill, aff ection, and rectitude.) Th e central role played by the
promotion of values sharply marked off the New Haven School from realism