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Of war and law

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Modern 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 battle-space 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.

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Product Details
Princeton University Press
0691128642 / 9780691128641
Hardback
341.6
10/09/2006
United States
English
184 p.
22 cm
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That the line between war and peace has been blurred becomes more evident with each incident from Afghanistan to Iraq. But the complexity and depth of legal implications that affect policymakers and military commanders have not been understood. Kennedy's book brilliantly and deftly probes both the uncertainty and the importance of legal rules in the changed civil and military environments. -- Antonia Chayes, Visiting Professor of International Politics and Law, Tufts University Twenty-first-century warfare jars us with precision, lethality, and reach juxtaposed against terrorists, street fight
That the line between war and peace has been blurred becomes more evident with each incident from Afghanistan to Iraq. But the complexity and depth of legal implications that affect policymakers and military commanders have not been understood. Kennedy's book brilliantly and deftly probes both the uncertainty and the importance of legal rules in the changed civil and military environments. -- Antonia Chayes, Visiting Professor of International Politics and Law, Tufts University Twenty-first-century warfare jars us with precision, lethality, and reach juxtaposed against terrorists, street fight LBBS International humanitarian law