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The Public Uses Of Coercion And Force
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Book Synopsis The Public Uses of Coercion and Force by : Ester Herlin-Karnell
Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2021-07-16 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
Book Synopsis The Public Uses of Coercion and Force by : Ester Herlin-Karnell
Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. Modern states' authority claims and their exercise of power and sovereignty span a spectrum from the most stringently and explicitly codified- the constitutional level- to the most fluid and turbulent- acts of war. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--
Book Synopsis The Public Uses of Coercion and Force by : Ester Herlin-Karnell
Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2021 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.
Book Synopsis Force and Freedom by : Arthur Ripstein
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Book Synopsis The Force of Law by : Frederick Schauer
Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Book Synopsis Military Coercion and US Foreign Policy by : Melanie W. Sisson
Download or read book Military Coercion and US Foreign Policy written by Melanie W. Sisson and published by Routledge. This book was released on 2020-04-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the use of military force as a coercive tool by the United States, using lessons drawn from the post-Cold War era (1991–2018). The volume reveals that despite its status as sole superpower during the post-Cold War period, US efforts to coerce other states failed as often as they succeeded. In the coming decades, the United States will face states that are more capable and creative, willing to challenge its interests and able to take advantage of missteps and vulnerabilities. By using lessons derived from in-depth case studies and statistical analysis of an original dataset of more than 100 coercive incidents in the post-Cold War era, this book generates insight into how the US military can be used to achieve policy goals. Specifically, it provides guidance about the ways in which, and the conditions under which, the US armed forces can work in concert with economic and diplomatic elements of US power to create effective coercive strategies. This book will be of interest to students of US national security, US foreign policy, strategic studies and International Relations in general.
Book Synopsis Liberty and Coercion by : Gary Gerstle
Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Book Synopsis Policing Beyond Coercion by : Robert J. Kane
Download or read book Policing Beyond Coercion written by Robert J. Kane and published by Aspen Publishing. This book was released on 2022-09-15 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kane’s Policing Beyond Coercion proposes a fresh paradigm for conceptualizing the police. In Policing Beyond Coercion, Robert Kane introduces a powerful narrative that encourages policing to move beyond its traditional paradigm with its emphasis on coercion and control. Kane opens by offering a definition of police – based largely on the seminal writings of Egon Bitner and Carl Klockars – and then applies that definition to the police role, arguing that it is time for society to think of policing as an institution whose primary role is to protect life – even when enforcing the law or using force. Kane describes and explains the police subculture, use of force, discretion, recruitment, and accountability and then demonstrates how a protection of life mandate can help policing adapt itself to remain a crucial public institution in a post-George Floyd world. Kane speaks to readers in ways that encourage them to question their assumptions about who the police are while asking them to think about who the police might become. Professors and students will benefit from: A compelling narrative that will keep readers engaged throughout the book A solid foundation in policing, police operations, and strategies An understanding of current role expectations and conflicts A new take on police culture and the “thin blue line” of policing Detailed examinations of stop-and-frisk, use of force and deadly force, discretion, and accountability A push to change the current police recruitment paradigm from one that mostly “screens-out” to one that mostly “screens-in” The introduction of a “new” idea of police that helps policing remain relevant in a post-George Floyd era Non-print materials to support students’ engagement with the book and its concepts: Dynamic, online mapping exercises that allow students to analyze police and criminal behavior in real time Blog posts that address emerging topics in the news and encourage students to discuss them with the author and others Podcasts that highlight personal perspectives from police professionals
Book Synopsis The United States and Coercive Diplomacy by : Robert J. Art
Download or read book The United States and Coercive Diplomacy written by Robert J. Art and published by US Institute of Peace Press. This book was released on 2003 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Robert Art makes clear in a groundbreaking conclusion, those results have been mixed at best. Art dissects the uneven performance of coercive diplomacy and explains why it has sometimes worked and why it has more often failed."--BOOK JACKET.
Book Synopsis Military Strategy: A Very Short Introduction by : Antulio J. Echevarria II
Download or read book Military Strategy: A Very Short Introduction written by Antulio J. Echevarria II and published by Oxford University Press. This book was released on 2024 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Strategy: A Very Short Introduction adapts Clausewitz's framework to highlight the dynamic relationship between the main elements of strategy: purpose, method, and means. Drawing on historical examples, Antulio J. Echevarria discusses the major types of military strategy and how emerging technologies are affecting them. This second edition has been updated to include an expanded chapter on manipulation through cyberwarfare and new further reading.
Book Synopsis The Dynamics of Coercion by : Daniel Byman
Download or read book The Dynamics of Coercion written by Daniel Byman and published by Cambridge University Press. This book was released on 2002-02-04 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines why some attempts to strong-arm an adversary work while others do not.
Download or read book Bombing to Win written by Robert A. Pape and published by Cornell University Press. This book was released on 2014-04-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Iraq to Bosnia to North Korea, the first question in American foreign policy debates is increasingly: Can air power alone do the job? Robert A. Pape provides a systematic answer. Analyzing the results of over thirty air campaigns, including a detailed reconstruction of the Gulf War, he argues that the key to success is attacking the enemy's military strategy, not its economy, people, or leaders. Coercive air power can succeed, but not as cheaply as air enthusiasts would like to believe.Pape examines the air raids on Germany, Japan, Korea, Vietnam, and Iraq as well as those of Israel versus Egypt, providing details of bombing and governmental decision making. His detailed narratives of the strategic effectiveness of bombing range from the classical cases of World War II to an extraordinary reconstruction of airpower use in the Gulf War, based on recently declassified documents. In this now-classic work of the theory and practice of airpower and its political effects, Robert A. Pape helps military strategists and policy makers judge the purpose of various air strategies, and helps general readers understand the policy debates.
Book Synopsis Kant and the Law of War by : Arthur Ripstein
Download or read book Kant and the Law of War written by Arthur Ripstein and published by Oxford University Press. This book was released on 2021-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
Download or read book Coercion written by Kelly M. Greenhill and published by Oxford University Press. This book was released on 2018 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Coercion', leading international relations scholars Kelly M. Greenhill and Peter Krause have gathered together an eminent cast of contributors to produce what promises to be a field-shaping work on one of IR's most essential subjects: coercion, whether in the form of compellence, deterrence, or a mix of the two. The volume moves beyond these traditional premises and examines the critical issue of coercion in the 21st century, capturing fresh theoretical and policy relevant developments and drawing upon data and cases from across time and around the globe.
Book Synopsis Criminal Law in the Age of the Administrative State by : Vincent Chiao
Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Oxford University Press. This book was released on 2018-10-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Book Synopsis The Power to Coerce by : David C. Gompert
Download or read book The Power to Coerce written by David C. Gompert and published by Rand Corporation. This book was released on 2016-02-25 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mounting costs, risks, and public misgivings of waging war are raising the importance of U.S. power to coerce (P2C). The best P2C options are financial sanctions, support for nonviolent political opposition to hostile regimes, and offensive cyber operations. The state against which coercion is most difficult and risky is China, which also happens to pose the strongest challenge to U.S. military options in a vital region.
Book Synopsis Cyber Operations and the Use of Force in International Law by : Marco Roscini
Download or read book Cyber Operations and the Use of Force in International Law written by Marco Roscini and published by Oxford University Press, USA. This book was released on 2014-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a significant increase in the scale and sophistication of cyber attacks employed by, or against, states and non-state actors. This book investigates the international legal regime that applies to such attacks, and investigates how far the traditional rules of international humanitarian law can be used in these situations.
