The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.
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Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.
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PART I: NECESSITY & THE LIVES OF COMBATANTS; PART II: PROPORTIONALITY, CIVILIAN HARM, & SOLDIERS; PART III: COMBATANCY & THE VALUE OF LIVES IN ASYMMETRIC CONFLICT
Evaluates whether modern warfare calls for a reconsideration of the weighing of lives of combatants and non-combatants
Combines contributions from philosophers and legal scholars, as well as military lawyers
Examines the scope and application of proportionality, necessity, and distinction
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Jens David Ohlin is Professor of Law and Associate Dean for Academic Affairs at Cornell Law School. He specializes in international law and criminal law. He specifically focuses on the laws of war with special emphasis on the effects of new technology on the waging of warfare, including unmanned drones in the strategy of targeted killings, cyber-warfare, and the role of non-state actors in armed conflicts. He authored The Assault on International Law
(Oxford, 2015). Larry May is the W. Alton Jones Professor of Philosophy, Professor of Law, and Professor of Political Science at Vanderbilt University. He has published over thirty books, including book length
studies of each of the four crimes under the ICC's jurisdiction. These books have won awards in philosophy, law, and international relations. He has also published extensively on the history of the just war tradition, especially on the work of Grotius and Hobbes. He co-authored Proportionality in International Law (with Michael Newton, Oxford, 2014), and Limiting Leviathan: Hobbes on Law and International Affairs (Oxford, 2013). Claire Finkelstein is the Algernon Biddle
Professor of Law and Professor of Philosophy at the University of Pennsylvania, and a co-Director of the University of Pennsylvania Institute of Law and Philosophy. She writes in the areas of criminal law theory, moral and
political philosophy, philosophy of law, international law, and rational choice theory. A particular focus of her work is bringing philosophical rational choice theory to bear on legal theory, and she is particularly interested in tracing the implications of Hobbes' political theory for substantive legal questions. Recently she has also been writing on the moral and legal aspects of government-sponsored torture as part of the U.S. national security program. In 2008 Finkelstein was a Siemens
Fellow at the American Academy in Berlin, during which time she presented papers in Berlin, Leipzig, and Heidelberg.
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Evaluates whether modern warfare calls for a reconsideration of the weighing of lives of combatants and non-combatants
Combines contributions from philosophers and legal scholars, as well as military lawyers
Examines the scope and application of proportionality, necessity, and distinction
Les mer
Produktdetaljer
ISBN
9780198796183
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
592 gr
Høyde
246 mm
Bredde
172 mm
Dybde
18 mm
Aldersnivå
G, UU, UP, P, 01, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
336