Law on the Battlefield
Author: A. P. V. Rogers
Publisher: Manchester University Press
Published: 1996
Total Pages: 196
ISBN-13: 9780719047855
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Author: A. P. V. Rogers
Publisher: Manchester University Press
Published: 1996
Total Pages: 196
ISBN-13: 9780719047855
DOWNLOAD EBOOKAuthor: Daniel R. Coquillette
Publisher: Harvard University Press
Published: 2015-10-23
Total Pages: 683
ISBN-13: 0674967666
DOWNLOAD EBOOKHarvard Law School pioneered educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. On the Battlefield of Merit offers a candid account of a unique legal institution during its first century of influence.
Author: David Kennedy
Publisher: Princeton University Press
Published: 2009-01-10
Total Pages: 207
ISBN-13: 1400827361
DOWNLOAD EBOOKModern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
Author: James Q. Whitman
Publisher: Harvard University Press
Published: 2012-10-31
Total Pages: 329
ISBN-13: 0674071875
DOWNLOAD EBOOKToday, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.
Author: Geoffrey S. Corn
Publisher: Aspen Publishing
Published: 2018-09-14
Total Pages: 744
ISBN-13: 1543802915
DOWNLOAD EBOOKThe Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
Author: Carl von Clausewitz
Publisher:
Published: 1908
Total Pages: 388
ISBN-13:
DOWNLOAD EBOOKAuthor: Adil Ahmad Haque
Publisher: Oxford University Press
Published: 2017
Total Pages: 305
ISBN-13: 0199687390
DOWNLOAD EBOOKThe laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
Author: Leslie C. Green
Publisher: Manchester University Press
Published: 1993
Total Pages: 408
ISBN-13: 9780719035401
DOWNLOAD EBOOKAuthor: Orde F. Kittrie
Publisher: Oxford University Press
Published: 2016
Total Pages: 505
ISBN-13: 0190263571
DOWNLOAD EBOOKIn Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Author: Jocelyn Stewart
Publisher:
Published: 2020-09-25
Total Pages:
ISBN-13: 9781732468269
DOWNLOAD EBOOKMotions shape the battlefield of courtroom practice. Whether providing advanced knowledge of the admissibility of alleged prior bad acts by a client or seeking a ruling on a proposed panel instruction, motions in military practice are instrumental in preparing for the war of a court-martial trial. Failing to approach motions practice as a pivotal step in shaping the battlefield for the war of a court-martial trial does a disservice to one's client. This book dares you to step away from the "shared drive" and instead to take a fresh approach with each motion for every case. I have dissected my own process and am providing the insight that I derived for your benefit in the form of this book. My law firm's mantra is that we want to be where we can do the most good. My goal for this book is the same: to elevate the practice. One motion at a time.