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This book investigates the intellectual history of the laws of war. It reconstructs the distinctive ways of thinking about the legal regulation of war in history, contrasts these to more familiar just war and realist approaches, and shows how closely connected they have been to the process of spelling out the nature, function, and powers of state sovereignty.
The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.
Explores how Vattel used the natural law tradition to frame a pragmatic and treaty-oriented model of the law of nations.
This volume advances the research agenda of one of the most remarkable political thinkers of our time: Jon Elster. With an impressive list of contributors, it features studies in five topics in political and social theory: rationality and collective action, political and social norms, democracy and constitution making, transitional justice, and the explanation of social behavior. Additionally, this volume includes chapters on the development of Elster's thinking over the past decades. Like Elster's own writings, the essays in this collection are problem-driven, nonideal inquiries of practical relevance. This volume closes with lucid comments by Jon Elster.
This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.
It is often said that we live under systems of injustice. But if so, who ought to combat them, and why? Many in the world's liberal elite hold that only the perpetrators or the victims have such duties, because of their special connections to the injustice. Others hold that all of the privileged have them, because they have duties to relieve suffering or to redress their complicity in the injustice. This book challenges those answers. It argues that everyone living under such injustices ought to combat them: victim, perpetrator, and bystander alike. Moreover, they all have the same reason for doing so: such injustices suppress everyone's resistance to their workings. But there is a name for ...
Exploring and updating the controversial debates about the relationship between democracy and development, this Research Handbook provides clarification on the complex and nuanced interlinkages between political regime type and socio-economic development. Distinguished scholars examine a broad range of issues from multidisciplinary perspectives across Africa, Asia, Europe, Latin America and the Middle East.
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The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?