Law, War and the Penumbra of Uncertainty

Law, War and the Penumbra of Uncertainty
Author: Sam Selvadurai
Publisher: Cambridge University Press
Total Pages: 375
Release: 2022-04-07
Genre: Law
ISBN: 1009063219

This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.

Law, War and the Penumbra of Uncertainty

Law, War and the Penumbra of Uncertainty
Author: Sam Selvadurai
Publisher: Cambridge University Press
Total Pages: 375
Release: 2022-04-07
Genre: Law
ISBN: 1316511987

An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

What Is War For?

What Is War For?
Author: Jack McDonald
Publisher: Policy Press
Total Pages: 172
Release: 2023-03-28
Genre: Political Science
ISBN: 1529228395

How does armed conflict shape global politics? And, critically, can it ever be regulated, a necessary first step to achieving a more peaceful world? This book examines the factors that define and shape war in the contemporary world, and how changes to technology and society are transforming warfare. Focusing on efforts to regulate and eliminate war, it provides a guide to the complex problems it poses now – and threatens in the future.

Law, War and the Penumbra of Uncertainty

Law, War and the Penumbra of Uncertainty
Author: Sam Selvadurai
Publisher:
Total Pages: 358
Release: 2022
Genre: Legal certainty
ISBN: 9781009054874

This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.

Official Accountability Act

Official Accountability Act
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
Total Pages: 64
Release: 1976
Genre: Administrative responsibility
ISBN:

Research Handbook on Remote Warfare

Research Handbook on Remote Warfare
Author: Jens David Ohlin
Publisher: Edward Elgar Publishing
Total Pages: 525
Release: 2017-10-27
Genre: Law
ISBN: 1784716995

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.

War, Aggression and Self-Defence

War, Aggression and Self-Defence
Author: Yoram Dinstein
Publisher: Cambridge University Press
Total Pages: 409
Release: 2011-10-20
Genre: Law
ISBN: 1139503170

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Classic Readings and Cases in the Philosophy of Law

Classic Readings and Cases in the Philosophy of Law
Author: Susan Dimock
Publisher: Routledge
Total Pages: 1398
Release: 2016-09-16
Genre: Philosophy
ISBN: 1315509636

With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.

The Concept of Law

The Concept of Law
Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press, USA
Total Pages: 391
Release: 2012-10-25
Genre: Law
ISBN: 0199644705

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart'sPostscript, with fully updated notes to include modern references and further reading.

Language, Meaning and the Law

Language, Meaning and the Law
Author: Christopher Hutton
Publisher: Edinburgh University Press
Total Pages: 256
Release: 2009-01-19
Genre: Language Arts & Disciplines
ISBN: 0748633529

Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.