War And Individual Rights


War And Individual Rights
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War And Individual Rights


War And Individual Rights
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Author : Kai Draper
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

War And Individual Rights written by Kai Draper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with History categories.


This study begins with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national, no less than personal, interests. That assumption might seem to demand a pacifist rejection of all war, for any sustained war effort requires military operations that predictably kill many non-combatants, most of whom presumably have a right not to be killed. Yet the book concludes that sometimes recourse to war is justified. Its argument relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory.



The War On Our Freedoms


The War On Our Freedoms
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Author : Richard C Leone
language : en
Publisher: Hachette UK
Release Date : 2008-08-06

The War On Our Freedoms written by Richard C Leone and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-06 with History categories.


In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.



Freedom Under Fire


Freedom Under Fire
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Author : Michael Linfield
language : en
Publisher: South End Press
Release Date : 1990

Freedom Under Fire written by Michael Linfield and has been published by South End Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with History categories.


"The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution."--The Progressive "Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance."--Howard Zinn



Armed Conflict And Forcible Displacement


Armed Conflict And Forcible Displacement
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Author : Elena Katselli Proukaki
language : en
Publisher: Routledge
Release Date : 2018-03-05

Armed Conflict And Forcible Displacement written by Elena Katselli Proukaki and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-05 with Law categories.


This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.



The Individualization Of War


The Individualization Of War
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Author : Jennifer Welsh
language : en
Publisher: Oxford University Press
Release Date : 2023-12-14

The Individualization Of War written by Jennifer Welsh 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 2023-12-14 with Political Science categories.


The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors



The Rights Of War And Peace


The Rights Of War And Peace
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Author : Hugo Grotius
language : en
Publisher:
Release Date : 1814

The Rights Of War And Peace written by Hugo Grotius and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1814 with International law categories.




The Public Uses Of Coercion And Force


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"--



On War


On War
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Author : Carl von Clausewitz
language : en
Publisher: Good Press
Release Date : 2023-08-22

On War written by Carl von Clausewitz and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-22 with Science categories.


"On War" by Carl von Clausewitz (translated by J. J. Graham). Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.



The Public Uses Of Coercion And Force


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"--



Human Rights In Europe During The Cold War


Human Rights In Europe During The Cold War
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Author : Rasmus Mariager
language : en
Publisher: Routledge
Release Date : 2014-06-05

Human Rights In Europe During The Cold War written by Rasmus Mariager and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-05 with History categories.


This book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.