Author: Hugo Grotius
Publisher: Jazzybee Verlag
Release Date: 2017-03-30
“On The Law of War and Peace” was translated into many languages, and most law schools adopted it as the basis of the right of nations. Princes and statesmen consulted the book, and just as Alexander the Great always had a copy of Homer's 'Iliad,’ so the great Gustavus Adolphus always had with him a copy of Grotius’ work, to remind himself that even the most successful general must respect some laws. Grotius’ strength lies in his moderation and in the fact that he quotes copiously from the best authorities to fortify his views .
Author: Stephen C. Neff
Publisher: Cambridge University Press
Release Date: 2012-08-02
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
Author: Hugo 1583-1645 Grotius
Publisher: Wentworth Press
Release Date: 2016-08-28
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
Release Date: 2006
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Author: Richard Tuck
Publisher: OUP Oxford
Release Date: 2001-09-06
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.
Author: Muhammad Vandestra
Publisher: Dragon Promedia
Release Date: 2017-07-28
In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behaviour in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. And this is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances, irrespective of the behaviour of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adaptation of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam.
Author: Hugo Grotius
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1738
Grotius, Hugo. The Rights of War and Peace, in Three Books: Wherein are Explained, The Law of Nature and Nations, and The Principal Points relating to Government. Written in Latin by the Learned Hugo Grotius, And Translated into English. To which are Added, All the Large Notes of Mr. J. Barbeyrac... London: Printed for W. Innys [et al.], 1738. xxxvi, 817 pp. Folio, 9" x 14." Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-386-3. Cloth. $250. * The "best edition" of a landmark work on law and government by Hugo Grotius [1535-1645] (Lowndes, Bibliographer's Manual of English Literature, Rev. ed. III, 950). First published in Paris in 1625, it established the system of modern public international law, based on the concept of "droit naturel," a morality-based law that superseded the personalities of individuals or nations. These ideas influenced the American Revolution, whose leaders often cited Grotius. "No legal work ever enjoyed a more widely extended reputation, and none ever exercised such a wonderful influence over the public morals of Europe." Marvin, Legal Bibliography 353. This edition features the notes of J. Barbeyrac described by Marvin as excellent. (Whewell) Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I: 595. Sowerby, Library of Thomas Jefferson 1404. Printing and the Mind of Man 125. Indexed.
Author: Laura Anne Dickinson
Publisher: Yale University Press
Release Date: 2011-01-01
This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --
Author: Rosa Brooks
Publisher: Simon and Schuster
Release Date: 2017-07-25
Genre: Biography & Autobiography
Inside secure command centers, military officials make life and death decisions-- but the Pentagon also offers food courts, banks, drugstores, florists, and chocolate shops. It is rather symbolic of the way that the U.S. military has become our one-stop-shopping solution to global problems. Brooks traces this seismic shift in how America wages war, and provides a rallying cry for action as we undermine the values and rules that keep our world from sliding toward chaos.
Author: David Kennedy
Publisher: Princeton University Press
Release Date: 2009-01-10
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 battlespace 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.
Author: Adil Ahmad Haque
Publisher: Oxford University Press
Release Date: 2017-01-26
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.