Defending Humanity

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Size: 80.47 MB
Format: PDF, ePub, Mobi
View: 5960
Download
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Defending Humanity

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0199927057
Size: 34.11 MB
Format: PDF, ePub
View: 246
Download
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Defending Humanity

Author: George P. Fletcher
Publisher: Oxford University Press on Demand
ISBN: 0195183088
Size: 24.53 MB
Format: PDF, Docs
View: 7488
Download
This provocative book offers a groundbreaking theory on the legality of war, providing clear guidelines for evaluating these interventions. The authors suggest going back to the domestic criminal law concepts upon which the U.N. Charter was originally based--in particular, the concept of "legitimate defense"--which encompasses not only self-defense but defense of others. The book explains how the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves but also to defend other nations.

Targeted Killings

Author: Claire Finkelstein
Publisher: Oxford University Press
ISBN: 0199646481
Size: 76.21 MB
Format: PDF, Kindle
View: 7395
Download
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.

Human Rights And Personal Self Defense In International Law

Author: Jan Arno Hessbruegge
Publisher: Oxford University Press
ISBN: 019065502X
Size: 47.64 MB
Format: PDF, Docs
View: 7323
Download
Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.

Body Soul

Author: J. P. Moreland
Publisher: InterVarsity Press
ISBN: 0830874593
Size: 51.79 MB
Format: PDF, Docs
View: 7752
Download
While most people throughout history have believed that we are both physical and spiritual beings, the rise of science has called into question the existence of the soul. Many now argue that neurophysiology demonstrates the radical dependence, indeed, identity, between mind and brain. Advances in genetics and in mapping human DNA, some say, show there is no need for the hypothesis of body-soul dualism. Even many Christian intellectuals have come to view the soul as a false Greek concept that is outdated and unbiblical. Concurrent with the demise of dualism has been the rise of advanced medical technologies that have brought to the fore difficult issues at both edges of life. Central to questions about abortion, fetal research, reproductive techologies, cloning and euthanasia is our understanding of the nature of human personhood, the reality of life after death and the value of ethical or religious knowledge as compared to scientific knowledge. In this careful treatment, J. P. Moreland and Scott B. Rae argue that the rise of these problems alongside the demise of Christian dualism is no coincidence. They therefore employ a theological realism to meet these pressing issues, and to present a reasonable and biblical depiction of human nature as it impinges upon critical ethical concerns. This vigorous philosophical and ethical defense of human nature as body and soul, regardless of whether one agrees or disagrees, will be for all a touchstone for debate and discussion for years to come.

International Law And New Wars

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316764532
Size: 73.31 MB
Format: PDF, Mobi
View: 901
Download
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

The Better Angels Of Our Nature

Author: Steven Pinker
Publisher: Penguin Group USA
ISBN: 0143122010
Size: 61.69 MB
Format: PDF, Kindle
View: 4091
Download
Presents a controversial history of violence which argues that today's world is the most peaceful time in human existence, drawing on psychological insights into intrinsic values that are causing people to condemn violence as an acceptable measure.

Stand Your Ground

Author: Caroline Light
Publisher: Beacon Press
ISBN: 0807064661
Size: 40.53 MB
Format: PDF, Mobi
View: 5785
Download
Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement -- and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for "good guys with guns" relies on the entrenched belief that certain "bad guys with guns" threaten us all. This book explores the development of the American right to self-defense and reveals how the original "duty to retreat" from threat was transformed into a selective right to kill. Light traces white America's attachment to racialized, lethal self-defense by unearthing its complex legal and social histories -- from the original "castle laws" of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of "criminal" Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country's most powerful lobbying forces.

In Defence Of War

Author: Nigel Biggar
Publisher: OUP Oxford
ISBN: 0191652946
Size: 40.69 MB
Format: PDF, ePub, Mobi
View: 1540
Download
Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice. Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.