THE LIBERAL WAY OF WAR LEGAL PERSPECTIVES

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The Liberal Way Of War

Author : Robert P. Barnidge
ISBN : 9781317025740
Genre : Political Science
File Size : 38.38 MB
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Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ’responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.
Category: Political Science

The International Legal Order Current Needs And Possible Responses

Author : James Crawford
ISBN : 9789004314375
Genre : Law
File Size : 33.62 MB
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This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.
Category: Law

The Law Of Armed Conflict And The Use Of Force

Author : Frauke Lachenmann
ISBN : 9780191087561
Genre : Law
File Size : 54.92 MB
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Category: Law

A Liberal Catholic Bioethics

Author : James F. Drane
ISBN : 9783825868772
Genre : Religion
File Size : 73.91 MB
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A Liberal Catholic Bioethics opens a new dialogue between Christian reasoning and belief and secular positions in bioethics. The well documented book covers in detail internal and external debates and positions of Roman Catholic theology and hierarchy: issues of contraception and abortion, palliative care and euthanasia, caring humanely for the demented, the use and abuse of modern technology in medicine. The doctrine of Papal infalliability is identified as a main reason in hindering and suppressing a dialogue within the church, with the faithful and with other religious and humanist positions. Were the Borgia Popes infalliable, was Pope Urban infalliabe when he condemned Gallileo, the author asks. He thus carries the debate far beyond specific bioethics issues towards a more humane medicine and culture.
Category: Religion

Economics Of War And Peace

Author : Ben Goldsmith
ISBN : 9780857240057
Genre : Political Science
File Size : 60.63 MB
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Presents the research on economic factors affecting peace and war. This title includes theoretical perspectives on the economic foundations of peace, violence and war within countries, connections between international trade and inter-state conflict, and the role of legal/institutional factors in international and internal conflict.
Category: Political Science

The Bombing War

Author : Richard Overy
ISBN : 9780141927824
Genre : History
File Size : 52.18 MB
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The ultimate history of the Blitz and bombing in the Second World War, from Wolfson Prize-winning historian and author Richard Overy The use of massive fleets of bombers to kill and terrorize civilians was an aspect of the Second World War which continues to challenge the idea that Allies specifically fought a 'moral' war. For Britain, bombing became perhaps its principal contribution to the fighting as, night after night, exceptionally brave men flew over occupied Europe destroying its cities. The Bombing War radically overhauls our understanding of the War. It is the first book to examine seriously not just the most well-known parts of the campaign, but the significance of bombing on many other fronts - the German use of bombers on the Eastern Front for example (as well as much newly discovered material on the more familiar 'Blitz' on Britain), or the Allied campaigns against Italian cities. The result is the author's masterpiece - a rich, gripping, picture of the Second World War and the terrible military, technological and ethical issues that relentlessly drove all its participants into an abyss. Reviews: 'Magnificent ... must now be regarded as the standard work on the bombing war ... It is probably the most important book published on the history of he second world war this century' Richard J Evans, Guardian 'Monumental ... this is a major contribution to one of the most controversial aspects of the Second World War ... full of new detail and perspectives ... hugely impressive' James Holland, Literary Review 'This tremendous book does what the war it describes signally failed to do. With a well-thought-out strategy and precision, it delivers maximum force on its objectives ... The result is a masterpiece of the historian's art' The Times 'It is unlikely that a work of this scale, scope and merit will be surpassed' Times Higher Education 'What distinguishes Mr Overy's account of the bombing war from lesser efforts is the wealth of narrative detail and analytical rigour that he brings to bear' Economist 'Excellent ... Overy is never less than an erudite and clear-eyed guide whose research is impeccable and whose conclusions appear sensible and convincing even when they run against the established trends' Financial Times 'Hard to surpass. If you want to know how bombing worked, what it did and what it meant, this is the book to read' Times Literary Supplement About the author: Richard Overy is the author of a series of remarkable books on the Second World War and the wider disasters of the twentieth century. The Dictators: Hitler's Germany, Stalin's Russia won both the Wolfson Prize for History and the Hessell-Tiltman Prize. He is Professor of History at the University of Exeter. Penguin publishes 1939: Countdown to War, The Morbid Age, Russia's War, Interrogations, The Battle of Britain and The Dictators. He lives in London.
Category: History

Contemporary Perspectives On Natural Law

Author : Dr Ana Marta González
ISBN : 9781409485667
Genre : Philosophy
File Size : 76.17 MB
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Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.
Category: Philosophy

A History Of Public Law In Germany 1914 1945

Author : Michael Stolleis
ISBN : 019926936X
Genre : Law
File Size : 20.86 MB
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This history of the discipline of public law in Germany covers three dramatic decades of the twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich. The author examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law, business administration law). Almost all the issues and questions that preoccupy state law and administrative law theory at the dawn of the twenty-first century were first pondered and debated during this period. Stolleis begins by emphasizing the long farewell to the nineteenth century and then moves on to examine the doctrine of state law and administrative law during the First World War. The impact of the Weimar Constitution and the of the Versailles Treaty on the discipline is discussed. Here the famous 'quarrel of direction' that occurred in the field of state law doctrine (1926-1929) played a central role. But equally important was the development of state law and administrative law theory (in both the Reich and its constituent states), administrative doctrine, and the jurisprudence of international law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion of public law and in the growing sense of depression that gripped its practitioners. In the end, it was not only state law that was destroyed by the Nazi experience, but the scholarly discipline that went with it. The author tackles questions about the co-responsibility of scholars for the Holocaust, and the reasons fwhy academic teachers of public law were all but absent in the opposition to the Nazi regime.
Category: Law