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Author: Pablo Kalmanovitz Publisher: Oxford University Press, USA ISBN: 0198790252 Category : Law Languages : en Pages : 209
Book Description
Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.
Author: Pablo Kalmanovitz Publisher: Oxford University Press, USA ISBN: 0198790252 Category : Law Languages : en Pages : 209
Book Description
Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.
Author: Michael Howard Publisher: Yale University Press ISBN: 9780300070620 Category : Technology & Engineering Languages : en Pages : 316
Book Description
This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.
Author: John Fabian Witt Publisher: Simon and Schuster ISBN: 1416569839 Category : Biography & Autobiography Languages : en Pages : 498
Book Description
By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.
Author: Alexander Gillespie Publisher: Bloomsbury Publishing ISBN: 1847318622 Category : Law Languages : en Pages : 324
Book Description
This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.
Author: Samuel C. Duckett White Publisher: BRILL ISBN: 9004464298 Category : Law Languages : en Pages : 234
Book Description
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
Author: E. L. Gaston Publisher: ISBN: 9781617700262 Category : Humanitarian law Languages : en Pages : 0
Book Description
The Laws of War and 21st Century Conflict explores how international law considers and confronts the so-called new warfare. To many, modern conflict appears unlike any we have known before. A modern battlefield might as easily be found in an urban shopping mall or in the frontline trenches of a failed state. Weaponry that once populated science fiction novels and movies is now a reality, with unmanned aerial drones used against military targets in several countries and automated robots replacing some soldiers on the battlefield. Globalization and the diffusion of technology have eroded state controls and empowered other actors, from terrorist groups to mercenaries. Now, the most deadly threats might be activated by the push of a cell-phone button or from a computer hacker's screen on the other side of the world.
Author: Alexander Gillespie Publisher: Hart Pub Limited ISBN: 9781849462037 Category : History Languages : en Pages : 884
Book Description
This unique reference traces the origins of the modern laws of warfare, from the earliest times to the present day. Relying on written records from as far back as 2,400 BC, and utilizing sources ranging from the Bible to Security Council Resolutions, the book pieces together the history of a subject which is almost as old as civilization itself. A History of the Laws of War shows that as long as humanity has been waging wars, it has also been trying to find ways of: a) legitimizing different forms of combatants and ascribing rules to them, b) protecting civilians who are either inadvertently or intentionally caught up between them, and c) controlling the use of particular classes of weapons that may be used in times of conflict. Thus, the book is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives, Volume 2 on civilians in times of armed conflict, and Volume 3 on the law of arms control. As a work of reference, A History of the Laws of War is unrivaled and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It throws fascinating new light on the history of international law and on the history of warfare itself. The volumes can be purchased individually, or as a complete three-volume boxed set.
Author: Stephen C. Neff Publisher: Cambridge University Press ISBN: 1139445235 Category : Law Languages : en Pages : 457
Book Description
This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.
Author: Pablo Kalmanovitz
Author: Pablo Kalmanovitz
Author: Michael Howard
Author: Peter H. Maguire
Author: John Fabian Witt
Author: Alexander Gillespie
Author: Samuel C. Duckett White
Author: E. L. Gaston
Author: Alexander Gillespie
Author: Stephen C. Neff
Author: Stephen C. Neff