The Public Uses Of Coercion And Force
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The Public Uses Of Coercion And Force
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Author : Ester Herlin-Karnell
language : en
Publisher: Oxford University Press
Release Date : 2021-07-16
The Public Uses Of Coercion And Force written by Ester Herlin-Karnell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-16 with Law categories.
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.
The Public Uses Of Coercion And Force
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Author : Ester Herlin-Karnell
language : en
Publisher:
Release Date : 2021
The Public Uses Of Coercion And Force written by Ester Herlin-Karnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional law categories.
"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"--
The Force Of Law
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2015-02-10
The Force Of Law written by Frederick Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Law categories.
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
Military Coercion And Us Foreign Policy
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Author : Melanie W. Sisson
language : en
Publisher: Routledge
Release Date : 2020-04-23
Military Coercion And Us Foreign Policy written by Melanie W. Sisson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-23 with Political Science categories.
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.
Policing Beyond Coercion
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Author : Robert J. Kane
language : en
Publisher: Aspen Publishing
Release Date : 2022-09-15
Policing Beyond Coercion written by Robert J. Kane and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-15 with Law categories.
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
Coercion And The State
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Author : David A. Reidy
language : en
Publisher: Springer
Release Date : 2010-11-20
Coercion And The State written by David A. Reidy and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-20 with Law categories.
A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
Military Strategy A Very Short Introduction
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Author : Antulio J. Echevarria II
language : en
Publisher: Oxford University Press
Release Date : 2024
Military Strategy A Very Short Introduction written by Antulio J. Echevarria II and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with History categories.
Military Strategy: A Very Short Introduction adapts Clausewitz's framework to highlight the dynamic relationship between the main elements of strategy: purpose, method, and means. Drawing on historical examples, Antulio J. Echevarria discusses the major types of military strategy and how emerging technologies are affecting them. This second edition has been updated to include an expanded chapter on manipulation through cyberwarfare and new further reading.
Collective Violence Contentious Politics And Social Change
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Author : Ernesto Castañeda
language : en
Publisher: Routledge
Release Date : 2017-05-08
Collective Violence Contentious Politics And Social Change written by Ernesto Castañeda and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Social Science categories.
Charles Tilly is among the most influential American sociologists of the last century. For the first time, his pathbreaking work on a wide array of topics is available in one comprehensive reader. This manageable and readable volume brings together many highlights of Tilly’s large and important oeuvre, covering his contribution to the following areas: revolutions and social change; war, state making, and organized crime; democratization; durable inequality; political violence; migration, race, and ethnicity; narratives and explanations. The book connects Tilly’s work on large-scale social processes such as nation-building and war to his work on micro processes such as racial and gender discrimination. It includes selections from some of Tilly’s earliest, influential, and out of print writings, including The Vendée; Coercion, Capital and European States; the classic "War Making and State Making as Organized Crime;" and his more recent and lesser-known work, including that on durable inequality, democracy, poverty, economic development, and migration. Together, the collection reveals Tilly’s complex, compelling, and distinctive vision and helps place the contentious politics approach Tilly pioneered with Sidney Tarrow and Doug McAdam into broader context. The editors abridge key texts and, in their introductory essay, situate them within Tilly’s larger opus and contemporary intellectual debates. The chapters serve as guideposts for those who wish to study his work in greater depth or use his methodology to examine the pressing issues of our time. Read together, they provide a road map of Tilly’s work and his contribution to the fields of sociology, political science, history, and international studies. This book belongs in the classroom and in the library of social scientists, political analysts, cultural critics, and activists.
Criminal Law In The Age Of The Administrative State
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Author : Vincent Chiao
language : en
Publisher: Oxford University Press
Release Date : 2018-10-15
Criminal Law In The Age Of The Administrative State written by Vincent Chiao and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-15 with Law categories.
What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Coercion
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Author : Kelly M. Greenhill
language : en
Publisher: Oxford University Press
Release Date : 2018
Coercion written by Kelly M. Greenhill and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Political Science categories.
In 'Coercion', leading international relations scholars Kelly M. Greenhill and Peter Krause have gathered together an eminent cast of contributors to produce what promises to be a field-shaping work on one of IR's most essential subjects: coercion, whether in the form of compellence, deterrence, or a mix of the two. The volume moves beyond these traditional premises and examines the critical issue of coercion in the 21st century, capturing fresh theoretical and policy relevant developments and drawing upon data and cases from across time and around the globe.