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Romantics At War

Author: George P. Fletcher
Publisher: Princeton University Press
ISBN: 9781400825172
Size: 44.98 MB
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America is at war with terrorism. Terrorists must be brought to justice. We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in the age of terrorism. George Fletcher also draws on his rare ability to combine insights from history, philosophy, literature, and law to place these debates in a rich cultural context. He seeks to explain why Americans--for so many years cynical about war--have recently found war so appealing. He finds the answer in a revival of Romanticism, a growing desire in the post-Vietnam era to identify with grand causes and to put nations at the center of ideas about glory and guilt. Fletcher opens with unsettling questions about the nature of terrorism, war, and justice, showing how dangerously slippery the concepts can be. He argues that those sympathetic to war are heirs to the ideals of Byron, Fichte, and other Romantics in their belief that nations--not just individuals--must uphold honor and be held accountable for crimes. Fletcher writes that ideas about collective glory and guilt are far more plausible and widespread than liberal individualists typically recognize. But as he traces the implications of the Romantic mindset for debates about war crimes, treason, military tribunals, and genocide, he also shows that losing oneself in a grand cause can all too easily lead to moral catastrophe. A work of extraordinary intellectual power and relevance, the book will change how we think not only about world events, but about the conflicting individualist and collective impulses that tear at all of us.

Leo Strauss And His Legacy

Author: John Albert Murley
Publisher: Lexington Books
ISBN: 9780739106167
Size: 42.32 MB
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With close to 15,000 entries, this bibliography is the most comprehensive guide to published writing in the tradition of Leo Strauss, who lived from 1899 to 1973 and was one of the most influential political philosophers of the twentieth century. John A. Murley provides Strauss's own complete bibliography and identifies the work of hundreds of Strauss's students and their students' students. Leo Strauss and His Legacy charts the path of influence of a beloved teacher and mentor, a deep and lasting heritage that permeates the classroom of the twenty-first century. Each new generation of students of political philosophy will find this bibliography an indispensable resource.

The Ethics Of Counterterrorism

Author: Isaac Taylor
Publisher: Routledge
ISBN: 1351016938
Size: 57.57 MB
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States across the globe spend billions of dollars fighting terrorism annually. As well as strategic questions about the way in which the money should be spent, we are also confronted with a host of moral issues here, many of which are poorly understood. The Ethics of Counterterrorism offers the first systematic normative theory for guiding, assessing, and criticising counterterrorist policy. Many commentators claim that state actors combating terrorism should set aside ordinary moral and legal frameworks, and instead bind themselves by a different (and, generally, more permissive) set of ethical rules than is appropriate in other areas. The book assesses arguments for this view, and more specifically investigates whether widely-endorsed restrictions on state action in the areas of surveillance, policing, armed conflict, criminal justice, diplomacy, and cultural integration need to be weakened when we are confronted with terrorist threats. With its novel overall framework for assessing counterterrorist strategies, its comprehensive analysis of existing practices, and its bringing the tools of analytic philosophy to bear on new questions regarding how states can fight terrorism both effectively and morally, The Ethics of Counterterrorism promises to be an important point of reference for future debates in this area.

Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 67.18 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Collective Responsibility And Accountability Under International Law

Author: Shane Darcy
Publisher: BRILL
ISBN: 9047431286
Size: 39.24 MB
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Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.

The Grammar Of Criminal Law American Comparative And International

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 9780199725199
Size: 24.48 MB
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The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.

The Trouble With Terror

Author: Tamar Meisels
Publisher: Cambridge University Press
ISBN: 9780521728324
Size: 14.37 MB
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What is terrorism and can it ever be defended? Beginning with its definition, proceeding to its possible justifications, and culminating in proposals for contending with and combating it, this book offers a full theoretical analysis of the issue of terrorism. Tamar Meisels argues that, regardless of its professed cause, terrorism is diametrically opposed to the requirements of liberal morality and can only be defended at the expense of relinquishing the most basic of liberal commitments. Meisels opposes those who express sympathy and justification for Islamist (particularly Palestinian) terrorism and terrorism allegedly carried out on behalf of developing nations, but, at the same time, also opposes those who would tolerate any reduction in civil liberties in exchange for greater security. Calling wholeheartedly for a unanimous liberal front against terrorism, this is a strong and provocative attempt to address the tension between liberty and security in a time of terror.