The Public Uses Of Coercion And Force
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| Author | : Ester Herlin-Karnell |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2021 |
| Genre | : Constitutional law |
| ISBN | : 0197519105 |
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.
| Author | : Ester Herlin-Karnell |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2021-07-16 |
| Genre | : Law |
| ISBN | : 0197519121 |
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.
| Author | : Frederick Schauer |
| Publisher | : Harvard University Press |
| Total Pages | : 256 |
| Release | : 2015-02-10 |
| Genre | : Business & Economics |
| ISBN | : 0674368215 |
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
| Author | : Arthur Ripstein |
| Publisher | : Harvard University Press |
| Total Pages | : 416 |
| Release | : 2010-02-15 |
| Genre | : Philosophy |
| ISBN | : 0674054512 |
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.
| Author | : Melanie W. Sisson |
| Publisher | : Routledge |
| Total Pages | : 218 |
| Release | : 2020-04-23 |
| Genre | : Political Science |
| ISBN | : 1000056872 |
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.
| Author | : Robert J. Kane |
| Publisher | : Aspen Publishing |
| Total Pages | : 467 |
| Release | : 2022-09-15 |
| Genre | : Law |
| ISBN | : 1543832857 |
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
| Author | : Arthur Ripstein |
| Publisher | : Oxford University Press |
| Total Pages | : |
| Release | : 2021-09-12 |
| Genre | : Law |
| ISBN | : 0197604226 |
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.
| Author | : Elisabeth Ellis |
| Publisher | : Penn State Press |
| Total Pages | : 266 |
| Release | : 2015-06-12 |
| Genre | : Political Science |
| ISBN | : 0271059869 |
Past interpreters of Kant’s thought seldom viewed his writings on politics as having much importance, especially in comparison with his writings on ethics, which (along with his major works, such as the Critique of Pure Reason) received the lion’s share of attention. But in recent years a new generation of scholars has revived interest in what Kant had to say about politics. From a position of engagement with today’s most pressing questions, this volume of essays offers a comprehensive introduction to Kant’s often misunderstood political thought. Covering the full range of sources of Kant’s political theory—including not only the Doctrine of Right, the Critiques, and the political essays but also Kant’s lectures and minor writings—the volume’s distinguished contributors demonstrate that Kant’s philosophy offers compelling positions that continue to inspire the best thinking on politics today. Aside from the editor, the contributors are Michaele Ferguson, Louis-Philippe Hodgson, Ian Hunter, John Christian Laursen, Mika LaVaque-Manty, Onora O’Neill, Thomas W. Pogge, Arthur Ripstein, and Robert S. Taylor.
| Author | : Kelly M. Greenhill |
| Publisher | : Oxford University Press |
| Total Pages | : 385 |
| Release | : 2018 |
| Genre | : Business & Economics |
| ISBN | : 019084633X |
From the rising significance of non-state actors to the increasing influence of regional powers, the nature and conduct of international politics has arguably changed dramatically since the height of the Cold War. Yet much of the literature on deterrence and compellence continues to draw (whether implicitly or explicitly) upon assumptions and precepts formulated in-and predicated upon-politics in a state-centric, bipolar world. Coercion moves beyond these somewhat hidebound premises and examines the critical issue of coercion in the 21st century, with a particular focus on new actors, strategies and objectives in this very old bargaining game. The chapters in this volume examine intra-state, inter-state, and transnational coercion and deterrence as well as both military and non-military instruments of persuasion, thus expanding our understanding of coercion for conflict in the 21st century. Scholars have analyzed the causes, dynamics, and effects of coercion for decades, but previous works have principally focused on a single state employing conventional military means to pressure another state to alter its behavior. In contrast, this volume captures fresh developments, both theoretical and policy relevant. This chapters in this volume focus on tools (terrorism, sanctions, drones, cyber warfare, intelligence, and forced migration), actors (insurgents, social movements, and NGOs) and mechanisms (trilateral coercion, diplomatic and economic isolation, foreign-imposed regime change, coercion of nuclear proliferators, and two-level games) that have become more prominent in recent years, but which have yet to be extensively or systematically addressed in either academic or policy literatures.
| Author | : Ester Herlin-Karnell |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : Constitutional law |
| ISBN | : 9780197519110 |
"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"--
