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
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 with Law categories.
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.
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:
Release Date : 2023-08-10
The Force Of Law written by Frederick Schauer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with categories.
A Republic Of Law
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Author : Frank Lovett
language : en
Publisher: Cambridge University Press
Release Date : 2016-07-07
A Republic Of Law written by Frank Lovett and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-07 with Law categories.
Frank Lovett presents a powerful theory of the rule of law and its connection to freedom and social justice.
The Well Ordered Republic
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Author : Frank Lovett
language : en
Publisher: Oxford University Press
Release Date : 2022-07-19
The Well Ordered Republic written by Frank Lovett 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 2022-07-19 with Philosophy categories.
Classical and contemporary republicans offer a compelling political vision built on a commitment to promoting freedom from domination, establishing popular control over public officials, and securing the empire of law. The Well-Ordered Republic provides the most rigorous, comprehensive, and up-to-date account of republican political theory presently available, while also showing how that theory can be extended to address new issues of economic justice, workplace democracy, identity politics, emergency powers, education, migration, and foreign policy. Frank Lovett argues that our shared freedom from domination is constituted by republican institutions such as democracy, the rule of law, and the public provision of an unconditional basic income. As a public good whose continued supply depends on robust civic engagement, republican freedom is a valuable but ongoing collective achievement: all citizens must remain dedicated to shared republican institutions for their freedom to endure. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.
Routledge Handbook Of The Rule Of Law
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Author : Michael Sevel
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-24
Routledge Handbook Of The Rule Of Law written by Michael Sevel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-24 with Law categories.
This Handbook provides a state-of-the-art survey of the study of the rule of law across law, the humanities, and social sciences, as well as insights into the practice of building the rule of law within and among states. Its 28 chapters are by many of the world’s leading scholars of the rule of law, as well as distinguished junior scholars, from a dozen countries and representing a number of academic disciplines. The chapters are ordered to progress, first, from theory to the practice of the rule of law and, second, from the rule of law within, to beyond, the state. They divide into three parts. The first part examines the concept, history, and value of the rule of law. This section considers the importance of political and intellectual history in shaping the concept over the centuries and takes novel philosophical approaches to the connection between the rule of law and other important ideals such as justice, equality, and civil disobedience. The second part transitions from theoretical studies to accounts of practical exercises in building the rule of law. The chapters consider the challenges of rule of law reform, including the use of local intermediaries facilitating interactions between international legal aid organizations and state governments, the challenges of legal translation across vastly different societies, the pathways of knowledge among the powerless about the protective potential of the rule of law, as well as the possible future for artificial intelligence systems in helping to reinforce rule-of-law principles. The third part examines the rule of law from a number of perspectives within particular supranational and national states, such as the European Union, China, Singapore, and South Africa, among others, and concludes by considering the prospects of the rule of law beyond the state, both within and among international institutions such as the United Nations, as well as non-territorial spaces like the world’s oceans. This Handbook is aimed at rule of law scholars across law, the humanities, and the social sciences, law and development practitioners, policymakers, and advanced students and researchers who seek a state-of-the-art overview of the history, theory, and practice of the rule of law.
Reflections Of A Would Be Anarchist
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Author : Richard E. Flathman
language : en
Publisher: U of Minnesota Press
Release Date : 1998
Reflections Of A Would Be Anarchist written by Richard E. Flathman and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Philosophy categories.
A superbly original version of liberalism by a major figure in political theory. In this provocative work, Richard E. Flathman puts forward his idiosyncratic view of liberalism, one that is particularly concerned with putting freedom and individuality first, one that warns of the individualism-limiting potential of even liberal efforts to promote social justice. Focusing on the ideals he regards as appropriate to liberalism, Flathman analyzes repeated patterns and tendencies that influence societies -- their sustaining institutions. Part I (Ideals) elaborates and vigorously promotes a conception of the ideals appropriate to liberalism and liberal politics, a conception that foregrounds and celebrates individual self-making or self-enactment. Drawing on but critically assessing ideas and arguments from liberal thinkers from Locke and Kant through Mill, Berlin, and Rawls, the work also reaches out to sources usually regarded as not only outside of but actually antagonistic to liberal tradition: Hobbes, Nietzsche, William James, Proust, Ortega y Gasset, and Oakeshott. Part II (Institutions) goes on to critically examine the relationship between these ideals and various institutions that are prominent in all liberal societies -- the rule of law, police power, and institutionalized education. At once attracted and resistant to anarchist, antinomian, and active nihilist arguments, Flathman approaches these institutions in a skeptical and wary spirit influenced by such thinkers as Montaigne, Wittgenstein, Cavell, Derrida, and Foucault. Reflections of a Would-Be Anarchist is a unique attempt to move liberal thought and action toward individuality and away from homogeneity, toward achastening skepticism and away from unifying conceptions of rationality and reasonableness. It will be required reading for political, moral, and legal theorists, as well as anyone concerned with the challenges of sustaining and enlivening liberal thought and action.
Coercion And Social Welfare In Public Finance
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Author : Jorge Martinez-Vazquez
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-22
Coercion And Social Welfare In Public Finance written by Jorge Martinez-Vazquez and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-22 with Business & Economics categories.
This book explores the role that coercion plays in the establishment and evolution of the public economy.
The Oxford Handbook Of Police And Policing
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Author : Michael Dean Reisig
language : en
Publisher:
Release Date : 2014
The Oxford Handbook Of Police And Policing written by Michael Dean Reisig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood.
Western Use Of Coercive Diplomacy After The Cold War
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Author : P. Jakobsen
language : en
Publisher: Springer
Release Date : 1998-09-07
Western Use Of Coercive Diplomacy After The Cold War written by P. Jakobsen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09-07 with Political Science categories.
This book fills a gap in the literature on coercion and assesses the usefulness of coercive diplomacy in the post-Cold war era. The theoretical framework explains why coercive diplomacy politics succeed or fail, identifies the conditions under which Western states will be willing to back coercive strategies with use of limited force and highlights how the need for collective action affects the use of coercion. The framework is tested empirically in analyses of the Gulf crisis, the Yugoslav wars and the Haiti crisis.