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The Justification of War and International Order: From Past to Present: The History and Theory of International Law

Editat de Lothar Brock, Hendrik Simon
en Limba Engleză Hardback – 10 feb 2021
The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.
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Specificații

ISBN-13: 9780198865308
ISBN-10: 0198865309
Pagini: 560
Dimensiuni: 165 x 225 x 37 mm
Greutate: 1 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria The History and Theory of International Law

Locul publicării:Oxford, United Kingdom

Recenzii

A good book makes you rethink. It alerts you to things you didn't know. This is what Justification definitely does ... The chapters are so rich and varied that any reader is bound to find new stories, new theorizations, new problems.
Various chapters lend voice to postcolonial critiques, and some push the boundaries of TWAIL to go beyond treating the colonised as mere detrimental recipients of the European justifications of war.
There is much to say about the many ways in which Schmitt's enormously influential narrative is historically erroneous, and this volume contributes an important element to its takedown.
[A] must-read for anyone interested in the history of war as a social phenomenon.
In this landmark volume, leading scholars from different fields explore the historical connections between justifications of war and the constitution of international order. The result is a rich and coherent account of how such justifications have enabled and constrained the use of force across different historical contexts while drawing on and reproducing wider normative orders in the process. Given its theoretical sophistication and vast historical scope, this volume is a major contribution not only to the history of international legal theory and practice, but to the study of international thought in general.
Although the justification of war has been a core concern in political and legal discourse about international order since Antiquity, it is only in recent years that it has become a major object of study across the board of relevant historiographies. By assembling the work of a crack team of legal, diplomatic and political thought historians, this volume makes a significant contribution towards organizing a dialogue of disciplines around this key theme of international history.
This collection arrives during radical, global re-thinking. Just as structures of inequality, violence, and environmental destruction are being shaken, the authors expose a falsehood that has helped lead to these harms. Humanity has never accepted a free right to resort to war. Sophisticated law to prohibit armed conflict did not spring up in the mid-20th century. With this and other errors exposed, the book moves us toward renewal of the law of peace we so urgently need.

Notă biografică

Lothar Brock is Senior Professor of Political Science at Goethe University Frankfurt and at the Peace Research Institute Frankfurt. He is co-author of Fragile States: Violence and the Failure of Intervention (Polity, 2012) and co-editor of Democratic Wars: Looking at the Dark Side of Democratic Peace (Palgrave, 2006).Hendrik Simon is Lecturer at Goethe University Frankfurt and Research Associate at the Peace Research Institute Frankfurt. He was Visiting Fellow at the Centre for Advanced International Theory/University of Sussex (2017), at the University of Vienna (2018, 2016), at the Max Planck Institute for European Legal History Frankfurt (2015-16) and at the Cluster of Excellence 'Normative Orders' (2011-12).