458 Between Yesterday and Tomorrow (1914– )fi nd a ready welcome. It may be that constitutionalism, like the New Haven
School, will make its mark in the world by way of a general opening of
minds, rather than through specifi c, identifi able marks of achievement.
Closely related to constitutionalism, but with a somewhat diff erent em-
phasis, is the program grandly known as global administrative law. It is a
direct descendant of the St.- Simonian vision of the nineteenth century. Its
principal champion has been Benedict Kingsbury, a native of New Zealand
who has taught at New York University Law School, where Ea gleton and
Franck had been based. Th e program is basically a direct continuation of the
law as marked out earlier by von Stein, Reinsch, and others in the nine-
teenth and early twentieth centuries, as well as by Potter in the interwar
period. Th is heritage has been generously acknowledged by Kingsbury.
Global administrative law, like constitutionalism, bears many of the hall-
marks of the New Haven School, with its vision of law as being, in essence, a
decision- making pro cess. Like constitutionalism, global administrative law
has been sharply focused on the rule of law, although it gives relatively little
attention to legislative or judicial aspects of governance, focusing instead (as
the name implies) on international administration, chiefl y through interna-
tional organizations. Its interests also extended to hybrid and private bod-
ies, as well as to intergovernmental ones. In general, though, it was a close
partner of constitutionalism.
Solidarism’s Dark Side
Solidarism, it has been observed, has generally been suff used with an ethos
of consensus. It has sought to remold international society through persua-
sion and the propagation of liberal values rather than through coercion or
violence. In this regard, Comte’s motto of “Order and Progress” could be
applied to solidarism as readily as to positivism. Solidarism has also been an
optimistic philosophy in its belief that order and progress are reconcilable,
that its goal of changing hearts and minds (the New Haven approach) or of
bringing the rule of law to bear (the constitutionalist strategy) can succeed.
It is possible, though, for solidarism to come in negative and pessimistic
fl avors, too. Th is became evident with the arrival of an overtly radical and
purportedly new approach to international law, known as critical legal
studies.