Morality, Jus Post Bellum, and International Law

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Publisher :
ISBN 13 : 9781139372206
Total Pages : pages
Book Rating : 4.3/5 (722 download)

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Book Synopsis Morality, Jus Post Bellum, and International Law by : Larry May

Download or read book Morality, Jus Post Bellum, and International Law written by Larry May and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Morality, Jus Post Bellum, and International Law

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Publisher :
ISBN 13 : 9781139380485
Total Pages : 282 pages
Book Rating : 4.3/5 (84 download)

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Book Synopsis Morality, Jus Post Bellum, and International Law by : W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May

Download or read book Morality, Jus Post Bellum, and International Law written by W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May and published by . This book was released on 2014-05-14 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Jus Post Bellum and Transitional Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107512891
Total Pages : pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis Jus Post Bellum and Transitional Justice by : Larry May

Download or read book Jus Post Bellum and Transitional Justice written by Larry May and published by Cambridge University Press. This book was released on 2013-10-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

Jus Post Bellum

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Publisher : BRILL
ISBN 13 : 9004411046
Total Pages : 478 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Jus Post Bellum by : Patrick Mileham

Download or read book Jus Post Bellum written by Patrick Mileham and published by BRILL. This book was released on 2020-03-17 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.

Proportionality in International Law

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Publisher : Oxford University Press
ISBN 13 : 0199355045
Total Pages : 339 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Proportionality in International Law by : Michael Newton

Download or read book Proportionality in International Law written by Michael Newton and published by Oxford University Press. This book was released on 2014-03-10 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Just Peace After Conflict

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Publisher : Oxford University Press
ISBN 13 : 0198823282
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Just Peace After Conflict by : Carsten Stahn

Download or read book Just Peace After Conflict written by Carsten Stahn and published by Oxford University Press. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

The Morality of War - Second Edition

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Publisher : Broadview Press
ISBN 13 : 1554810957
Total Pages : 339 pages
Book Rating : 4.5/5 (548 download)

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Book Synopsis The Morality of War - Second Edition by : Brian Orend

Download or read book The Morality of War - Second Edition written by Brian Orend and published by Broadview Press. This book was released on 2013-09-10 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of The Morality of War was one of the most widely-read and successful books ever written on the topic. In this second edition, Brian Orend builds on the substantial strengths of the first, adding important new material on: cyber-warfare; drone attacks; the wrap-up of Iraq and Afghanistan; conflicts in Libya and Syria; and protracted struggles (like the Arab-Israeli conflict). Updated and streamlined throughout, the book offers new research tools and case studies, while keeping the winning blend of theory and history featured in the first edition. This book remains an engaging and comprehensive examination of the ethics, and practice, of war and peace in today’s world.

Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace

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Publisher : BRILL
ISBN 13 : 9004331042
Total Pages : 372 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace by : Jens Iverson

Download or read book Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace written by Jens Iverson and published by BRILL. This book was released on 2021-05-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.

The Ethics of War

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Publisher : Oxford University Press
ISBN 13 : 0199376158
Total Pages : 288 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Ethics of War by : Saba Bazargan

Download or read book The Ethics of War written by Saba Bazargan and published by Oxford University Press. This book was released on 2017-01-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

A Companion to the Spanish Scholastics

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Publisher : BRILL
ISBN 13 : 9004296964
Total Pages : 643 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis A Companion to the Spanish Scholastics by : Harald Ernst Braun

Download or read book A Companion to the Spanish Scholastics written by Harald Ernst Braun and published by BRILL. This book was released on 2021-12-13 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.

International Law and Transition to Peace in Colombia

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Publisher : BRILL
ISBN 13 : 9004440534
Total Pages : 205 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law and Transition to Peace in Colombia by : César Rojas-Orozco

Download or read book International Law and Transition to Peace in Colombia written by César Rojas-Orozco and published by BRILL. This book was released on 2021-07-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Jus Post Bellum

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Publisher : Oxford University Press
ISBN 13 : 0199685894
Total Pages : 610 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jus Post Bellum by : Carsten Stahn

Download or read book Jus Post Bellum written by Carsten Stahn and published by Oxford University Press. This book was released on 2014-02 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

Morality and War

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Publisher : OUP Oxford
ISBN 13 : 019161582X
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Morality and War by : David Fisher

Download or read book Morality and War written by David Fisher and published by OUP Oxford. This book was released on 2011-03-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century.

International Law, Security and Ethics

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Publisher : Routledge
ISBN 13 : 1136719601
Total Pages : 270 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis International Law, Security and Ethics by : Aidan Hehir

Download or read book International Law, Security and Ethics written by Aidan Hehir and published by Routledge. This book was released on 2014-02-04 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.

Just and Unjust Warriors

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Publisher : OUP Oxford
ISBN 13 : 0191615625
Total Pages : 272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Just and Unjust Warriors by : David Rodin

Download or read book Just and Unjust Warriors written by David Rodin and published by OUP Oxford. This book was released on 2010-08-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The Oxford Handbook of Ethics of War

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Publisher : Oxford University Press
ISBN 13 : 0190876611
Total Pages : 496 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar

Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

Killing in War

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Publisher : OUP Oxford
ISBN 13 : 0191563463
Total Pages : 264 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Killing in War by : Jeff McMahan

Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.