The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant

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Author: Richard Tuck

Publisher: OUP Oxford

ISBN: 0191037427

Category: Law

Page: 256

View: 2942

The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

Beyond the Anarchical Society

Grotius, Colonialism and Order in World Politics

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Author: Edward Keene

Publisher: Cambridge University Press

ISBN: 9780521008013

Category: History

Page: 165

View: 2871

Keene argues that international relations beyond the West were influenced by colonialism not international law.

States of War

Enlightenment Origins of the Political

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Author: David William Bates

Publisher: Columbia University Press

ISBN: 0231528663

Category: Political Science

Page: 272

View: 9101

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

The Prism of Just War

Asian and Western Perspectives on the Legitimate Use of Military Force

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Author: Professor Howard M Hensel

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409499510

Category: Political Science

Page: 292

View: 1202

Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.

War, Trade and Neutrality

Europe and the Mediterranean in the Seventeenth and Eighteen Centuries

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Author: Antonella Alimento

Publisher: FrancoAngeli

ISBN: 8856845148

Category: Business & Economics

Page: 266

View: 2064

Kant and International Relations Theory

Cosmopolitan Community-building

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Author: Dora Ion

Publisher: Routledge

ISBN: 1136334726

Category: Political Science

Page: 184

View: 7369

This book challenges popular international relations theories that claim to be based on the political writings of Immanuel Kant, and sheds new light on the philosopher's perspective on peace. Through an analysis of Kant's philosophical work and political traditions of his time, as well as of neglected concepts and theory, this book reappraises modern perspectives on his work. Kant advocated a cosmopolitan community building perspective of peace and international relations that considered issues that are now significant topics of debate such as state sovereignty and unequal access to resources. This book reveals how Kant's political views translate into a vision of international relations that cannot be associated with the democratic and neoliberal theories of peace which until now have claimed Kant's legacy. While the democratic peace theory continues to inspire policy-making, Kant's predictions on war and peace ultimately prove to be most appropriate for the current issues of globalization and diversity. Offering new insights into the meaning of peace and war in international relations, Kant and International Relations Theory is an invaluable resource for students and scholars of international relations and political theory, as well as for those interested in Kant's scholarship.

Rousseau and Hobbes

Nature, Free Will, and the Passions

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Author: Robin Douglass

Publisher: OUP Oxford

ISBN: 0191038032

Category: Philosophy

Page: 240

View: 3866

Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.

Einheit des Denkens trotz konfessioneller Spaltung

Parallelen zwischen den Rechtslehren von Francisco Suárez und Hugo Grotius

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Author: Dominik Recknagel

Publisher: Peter Lang

ISBN: 9783631608791

Category: Law

Page: 324

View: 5740

Noch immer gilt der niederlandische Jurist und Theologe Hugo Grotius (1583-1645) weithin als der Begrunder des modernen Natur- und Volkerrechts. In seinem bahnbrechenden Werk "De iure belli ac pacis" (1625) entwirft er ein vom theologischen Ballast befreites und an naturrechtlichen Vorstellungen orientiertes Rechtsgebaude, das fur die weitere Entwicklung europaischen Staats- und Volkerrechtsdenkens massgeblich war und ist. Die Untersuchung weist nach, dass Grotius in den wesentlichen rechtstheoretischen, staats- und volkerrechtlichen Konzeptionen auf die in den Werken "De legibus ac Deo legislatore" (1612) und "Defensio fidei "(1613) des spanischen Jesuiten Francisco Suarez (1548-1617) entwickelte Rechtslehre zuruckgreift, und dass damit eine Kontinuitat des (spat)scholastischen Rechtsdenkens uber Grotius bis in die Moderne belegt werden kann."

The Threat of Force in International Law

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Author: Nikolas Stürchler

Publisher: Cambridge University Press

ISBN: 1139464914

Category: Law

Page: N.A

View: 4649

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Empire by Treaty

Negotiating European Expansion, 1600-1900

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Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 3941

Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.

The Empire of Civilization

The Evolution of an Imperial Idea

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Author: Brett Bowden

Publisher: University of Chicago Press

ISBN: 0226068161

Category: Political Science

Page: 320

View: 9487

The term “civilization” comes with considerable baggage, dichotomizing people, cultures, and histories as “civilized”—or not. While the idea of civilization has been deployed throughout history to justify all manner of interventions and sociopolitical engineering, few scholars have stopped to consider what the concept actually means. Here, Brett Bowden examines how the idea of civilization has informed our thinking about international relations over the course of ten centuries. From the Crusades to the colonial era to the global war on terror, this sweeping volume exposes “civilization” as a stage-managed account of history that legitimizes imperialism, uniformity, and conformity to Western standards, culminating in a liberal-democratic global order. Along the way, Bowden explores the variety of confrontations and conquests—as well as those peoples and places excluded or swept aside—undertaken in the name of civilization. Concluding that the “West and the rest” have more commonalities than differences,this provocative and engaging bookultimately points the way toward an authentic intercivilizational dialogue that emphasizes cooperation over clashes.

On Global Justice

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Author: Mathias Risse

Publisher: Princeton University Press

ISBN: 1400845505

Category: Philosophy

Page: 480

View: 4449

Debates about global justice have traditionally fallen into two camps. Statists believe that principles of justice can only be held among those who share a state. Those who fall outside this realm are merely owed charity. Cosmopolitans, on the other hand, believe that justice applies equally among all human beings. On Global Justice shifts the terms of this debate and shows how both views are unsatisfactory. Stressing humanity's collective ownership of the earth, Mathias Risse offers a new theory of global distributive justice--what he calls pluralist internationalism--where in different contexts, different principles of justice apply. Arguing that statists and cosmopolitans seek overarching answers to problems that vary too widely for one single justice relationship, Risse explores who should have how much of what we all need and care about, ranging from income and rights to spaces and resources of the earth. He acknowledges that especially demanding redistributive principles apply among those who share a country, but those who share a country also have obligations of justice to those who do not because of a universal humanity, common political and economic orders, and a linked global trading system. Risse's inquiries about ownership of the earth give insights into immigration, obligations to future generations, and obligations arising from climate change. He considers issues such as fairness in trade, responsibilities of the WTO, intellectual property rights, labor rights, whether there ought to be states at all, and global inequality, and he develops a new foundational theory of human rights.

Secularism and Religion-Making

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Author: Markus Dressler,Arvind Mandair

Publisher: Oxford University Press

ISBN: 0199911290

Category: Religion

Page: 288

View: 9461

This book conceives of "religion-making" broadly as the multiple ways in which social and cultural phenomena are configured and reconfigured within the matrix of a world-religion discourse that is historically and semantically rooted in particular Western and predominantly Christian experiences, knowledges, and institutions. It investigates how religion is universalized and certain ideas, social formations, and practices rendered "religious" are thus integrated in and subordinated to very particular - mostly liberal-secular - assumptions about the relationship between history, politics, and religion. The individual contributions, written by a new generation of scholars with decisively interdisciplinary approaches, examine the processes of translation and globalization of historically specific concepts and practices of religion - and its dialectical counterpart, the secular - into new contexts. This volume contributes to the relatively new field of thought that aspires to unravel the thoroughly intertwined relationships between religion and secularism as modern concepts.

Cosmopolitanism, Self-Determination and Territory

Justice with Borders

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Author: Oliviero Angeli

Publisher: Springer

ISBN: 1137004959

Category: Social Science

Page: 169

View: 3044

Territorial rights are often perceived to create barriers and discriminate against the poor. This study challenges that notion by re-examining the cosmopolitan understanding of territory. It addresses issues from the right to vote, the right to exclude others to the legitimacy of territorial boundaries and the exploitation of natural resources.

Visions of World Community

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Author: Jens Bartelson

Publisher: Cambridge University Press

ISBN: 9781139482554

Category: Political Science

Page: N.A

View: 7859

Throughout the history of Western political thought, the creation of a world community has been seen as a way of overcoming discord between political communities without imposing sovereign authority from above. Jens Bartelson argues that a paradox lies at the centre of discussions of world community. The very same division of mankind into distinct peoples living in different places which makes the idea of a world community morally compelling has also been the main obstacle to its successful realization. His book offers a philosophical and historical analysis of the idea of world community by exploring the relationship between theories of world community and changing cosmological beliefs from the late Middle Ages to the present.

War in Social Thought

Hobbes to the Present

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Author: Hans Joas,Wolfgang Knöbl

Publisher: Princeton University Press

ISBN: 1400844746

Category: Social Science

Page: 336

View: 9013

This book, the first of its kind, provides a sweeping critical history of social theories about war and peace from Hobbes to the present. Distinguished social theorists Hans Joas and Wolfgang Knöbl present both a broad intellectual history and an original argument as they trace the development of thinking about war over more than 350 years--from the premodern era to the period of German idealism and the Scottish and French enlightenments, and then from the birth of sociology in the nineteenth century through the twentieth century. While focusing on social thought, the book draws on many disciplines, including philosophy, anthropology, and political science. Joas and Knöbl demonstrate the profound difficulties most social thinkers--including liberals, socialists, and those intellectuals who could be regarded as the first sociologists--had in coming to terms with the phenomenon of war, the most obvious form of large-scale social violence. With only a few exceptions, these thinkers, who believed deeply in social progress, were unable to account for war because they regarded it as marginal or archaic, and on the verge of disappearing. This overly optimistic picture of the modern world persisted in social theory even in the twentieth century, as most sociologists and social theorists either ignored war and violence in their theoretical work or tried to explain it away. The failure of the social sciences and especially sociology to understand war, Joas and Knöbl argue, must be seen as one of the greatest weaknesses of disciplines that claim to give a convincing diagnosis of our times.

Britain's Hidden Role in the Rwandan Genocide

The Cat's Paw

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Author: Hazel Cameron

Publisher: Routledge

ISBN: 113628740X

Category: Law

Page: 160

View: 7460

Britain’s Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity, in violation of international criminal laws during the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda’s genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of ‘why’ the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda – the author finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 – 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa. This account of the legal culpability of the powerful within the corridors of government, in both London and Paris, shows that these behaviours cannot be conceptualised under existing notions of state crime. This book serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands, and will be of considerable interest to anyone concerned with the misuse of state power.

Formations of the Secular

Christianity, Islam, Modernity

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Author: Talal Asad

Publisher: Stanford University Press

ISBN: 0804783098

Category: Religion

Page: 280

View: 5791

Opening with the provocative query “what might an anthropology of the secular look like?” this book explores the concepts, practices, and political formations of secularism, with emphasis on the major historical shifts that have shaped secular sensibilities and attitudes in the modern West and the Middle East. Talal Asad proceeds to dismantle commonly held assumptions about the secular and the terrain it allegedly covers. He argues that while anthropologists have oriented themselves to the study of the “strangeness of the non-European world” and to what are seen as non-rational dimensions of social life (things like myth, taboo, and religion),the modern and the secular have not been adequately examined. The conclusion is that the secular cannot be viewed as a successor to religion, or be seen as on the side of the rational. It is a category with a multi-layered history, related to major premises of modernity, democracy, and the concept of human rights. This book will appeal to anthropologists, historians, religious studies scholars, as well as scholars working on modernity.

War at a Distance

Romanticism and the Making of Modern Wartime

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Author: Mary A. Favret

Publisher: Princeton University Press

ISBN: 9781400831555

Category: Literary Criticism

Page: 280

View: 7456

What does it mean to live during wartime away from the battle zone? What is it like for citizens to go about daily routines while their country sends soldiers to kill and be killed across the globe? Timely and thought-provoking, War at a Distance considers how those left on the home front register wars and wartime in their everyday lives, particularly when military conflict remains removed from immediate perception, available only through media forms. Looking back over two centuries, Mary Favret locates the origins of modern wartime in the Napoleonic era and describes how global military operations affected the British populace, as the nation's army and navy waged battles far from home for decades. She reveals that the literature and art produced in Britain during the late eighteenth and early nineteenth centuries obsessively cultivated means for feeling as much as understanding such wars, and established forms still relevant today. Favret examines wartime literature and art as varied as meditations on the Iliad, the history of meteorology, landscape painting in India, and popular poetry in newspapers and periodicals; she locates the embedded sense of war and dislocation in works ranging from Austen, Coleridge, and Wordsworth to Woolf, Stevens, and Sebald; and she contemplates how literature provides the public with methods for responding to violent calamities happening elsewhere. Bringing to light Romanticism's legacy in reflections on modern warfare, this book shows that war's absent presence affects home in deep and irrevocable ways.

International Law in the U.S. Supreme Court

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Author: David L. Sloss,Michael D. Ramsey,William S. Dodge

Publisher: Cambridge University Press

ISBN: 1139497863

Category: Law

Page: N.A

View: 2523

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.