Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece: Legal History Library / Studies in the History of International Law, cartea 26/10
Autor Emiliano J. Buisen Limba Engleză Hardback – 8 mai 2018
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Specificații
ISBN-13: 9789004359734
ISBN-10: 9004359737
Dimensiuni: 155 x 235 mm
Greutate: 0.6 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library / Studies in the History of International Law
ISBN-10: 9004359737
Dimensiuni: 155 x 235 mm
Greutate: 0.6 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library / Studies in the History of International Law
Cuprins
Foreword
Randall Lesaffer
Preliminary Considerations
Acknowledgments
List of Figures and Maps
Introduction
1Between Ares and Athena
2In-between Custom and Convenience: Analyzing the Restrictive Discourse of War
3Towards International Law in the Ancient World: Practices and Contexts
4Inhumane Acts, Human Words: Analyzing the Restrictive Discourse of War
1 Normativity, Hegemony, and Democratic Performance: The Case of Classical Athens
1International Normativity, Subordination, and Political Imposition in the Ancient World
2Justice, Law, Laws and Decrees: The Issue of Terminology
3Nomothesia: The Act of Legislating
4Dramatic Competitions and Athenian Festivals
5Justice as Spectacle in Athens: Judicial praxis
6The Assembly, the Theater, and the Courts: Performative Activities of Democracy
Summation: Democracy as Performative Ritual
2 Greek poleis and Their International Subjectivity
1Towards an Archaeology of the Subject: Did Legal Entities Have a Legal Personality in the Greek World?
2The Role of the polis in the Signing of Treaties during the Peloponnesian War
Summation: International Subjectivity in Ruins
3 Ius ad bellum and Its Limits on Inter-polis Law
1The Rhetoric of the Use of Armed Force in the Greek World
2The Vocabulary of the Grounds: The Spoken and the Unspoken in Thucydides
3Considerations on Guilt, Responsibility, Motivation and Encouraging: Helen’s Case
4Exoneration from the Attack: The Adversary’s Responsibility
5A ‘Legal’ Rhetoric of Self-Defense?
Summation: Restraining the Use of Armed Force
4 Ius in bello and Its Limits in Inter-polis Law
1Greek Warfare between Military Necessity and Limitation
2The Legal Matrix: The Foundations of “Common,” “Universal,” Inter-polis, and Intra-Hellenic Law
3Geneva in Greece: The nomos of the Greeks with Respect to the Protection of Victims and Practices in Wartime: Humanitarian Limits?
4The Hague in Greece: The nomos of the Greeks with Respect to the Restriction of Means and Methods of Warfare: Humanitarian Limits?
5Responding to Atrocity: Prosecution of War Crimes?
Summation: Towards a Framework of Restraint
Conclusions: About Apples, Branches, and Humanitarian Strategies
Appendix A: Chart of Treaties Signed by Greek poleis during the Peloponnesian War (431–404)
Appendix B: Digital Images of Treaties and Decrees
Bibliography
1Ancient Sources (Critical Apparatus of Greek Texts, Translations and Comments)
2Critical Bibliography
3Instrumenta studiorum
Index
Randall Lesaffer
Preliminary Considerations
Acknowledgments
List of Figures and Maps
Introduction
1Between Ares and Athena
2In-between Custom and Convenience: Analyzing the Restrictive Discourse of War
3Towards International Law in the Ancient World: Practices and Contexts
4Inhumane Acts, Human Words: Analyzing the Restrictive Discourse of War
Part 1: The Concepts
1 Normativity, Hegemony, and Democratic Performance: The Case of Classical Athens
1International Normativity, Subordination, and Political Imposition in the Ancient World
2Justice, Law, Laws and Decrees: The Issue of Terminology
3Nomothesia: The Act of Legislating
4Dramatic Competitions and Athenian Festivals
5Justice as Spectacle in Athens: Judicial praxis
6The Assembly, the Theater, and the Courts: Performative Activities of Democracy
Summation: Democracy as Performative Ritual
2 Greek poleis and Their International Subjectivity
1Towards an Archaeology of the Subject: Did Legal Entities Have a Legal Personality in the Greek World?
2The Role of the polis in the Signing of Treaties during the Peloponnesian War
Summation: International Subjectivity in Ruins
Part 2: The Rules
3 Ius ad bellum and Its Limits on Inter-polis Law
1The Rhetoric of the Use of Armed Force in the Greek World
2The Vocabulary of the Grounds: The Spoken and the Unspoken in Thucydides
3Considerations on Guilt, Responsibility, Motivation and Encouraging: Helen’s Case
4Exoneration from the Attack: The Adversary’s Responsibility
5A ‘Legal’ Rhetoric of Self-Defense?
Summation: Restraining the Use of Armed Force
4 Ius in bello and Its Limits in Inter-polis Law
1Greek Warfare between Military Necessity and Limitation
2The Legal Matrix: The Foundations of “Common,” “Universal,” Inter-polis, and Intra-Hellenic Law
3Geneva in Greece: The nomos of the Greeks with Respect to the Protection of Victims and Practices in Wartime: Humanitarian Limits?
4The Hague in Greece: The nomos of the Greeks with Respect to the Restriction of Means and Methods of Warfare: Humanitarian Limits?
5Responding to Atrocity: Prosecution of War Crimes?
Summation: Towards a Framework of Restraint
Conclusions: About Apples, Branches, and Humanitarian Strategies
Appendix A: Chart of Treaties Signed by Greek poleis during the Peloponnesian War (431–404)
Appendix B: Digital Images of Treaties and Decrees
Bibliography
1Ancient Sources (Critical Apparatus of Greek Texts, Translations and Comments)
2Critical Bibliography
3Instrumenta studiorum
Index
Notă biografică
Emiliano Jerónimo Buis, PhD in Classics and Postdoctoral Degree in Law (Universidad de Buenos Aires) is Professor of International Law and Ancient Greek at that university and at UNICEN, as well as researcher at the CONICET in Argentina. He has widely published on the theory and history of international law, ancient Greek literature (especially drama) and Athenian law.
Recenzii
'Emiliano Buis’s book, Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece, is one of the rare books to look at Classical Greece texts and norms from various religious, political, social, literary and artistic sources, through the prism of international humanitarian law (IHL), and offers a fascinating perspective on the historical roots of IHL.
This book allows readers to get an in-depth view into how norms, interpolity relations and laws common to the classical Greeks were conceived during the Peloponnesian War period (431–404 BCE), and provides an enlightening analysis of some of the precursory roots of what we know today as ius ad bellum and ius in bello. Not only is the book based on meticulous research, but each of its sections is also supported by numerous examples and quotations of the original texts used as reference sources, with their English translation, allowing readers to fully appreciate how the norms and ideas preceding modern-day IHL were expressed.'Marie-Louise Tougas, in: International Review of the Red Cross, p. 1-7. Published online 18 July 2019.
"The book’s greatest strength is Buis’ engagement both with the ancient evidence and with recent thinking in the field of International Law, a combination often allows for unexpected and stimulating insights. This monograph will be valuable both for students of international law seeking an introduction to Greek thinking and practices, and for classical Greek historians interested in the perspectives of the discipline of International Law". Peter Hunt, in H-Soz-Kult. Kommunikation und Fachinformation für die Geschichtswissenschaften (2019).
This book allows readers to get an in-depth view into how norms, interpolity relations and laws common to the classical Greeks were conceived during the Peloponnesian War period (431–404 BCE), and provides an enlightening analysis of some of the precursory roots of what we know today as ius ad bellum and ius in bello. Not only is the book based on meticulous research, but each of its sections is also supported by numerous examples and quotations of the original texts used as reference sources, with their English translation, allowing readers to fully appreciate how the norms and ideas preceding modern-day IHL were expressed.'Marie-Louise Tougas, in: International Review of the Red Cross, p. 1-7. Published online 18 July 2019.
"The book’s greatest strength is Buis’ engagement both with the ancient evidence and with recent thinking in the field of International Law, a combination often allows for unexpected and stimulating insights. This monograph will be valuable both for students of international law seeking an introduction to Greek thinking and practices, and for classical Greek historians interested in the perspectives of the discipline of International Law". Peter Hunt, in H-Soz-Kult. Kommunikation und Fachinformation für die Geschichtswissenschaften (2019).