Download or read book The Just War in the Middle Ages written by Frederick H. Russell and published by Cambridge University Press. This book was released on 1975 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic attempt to reconstruct from original manuscript sources and early printed books the medieval doctrines relating to the just war, the holy war and the crusade. Despite the frequency of wars and armed conflicts throughout the course of western history, no comprehensive survey has previously been made of the justifications of warfare that were elaborated by Roman lawyers, canon lawyers and theologians in the twelfth and thirteenth century universities. After a brief survey of theories of the just war in antiquity, with emphasis on Cicero and Augustine, and of thought on early medieval warfare, the central chapters are devoted to scholastics such as Pope Innocent IV, Hostiensis and Thomas Aquinas. Professor Russell attempts to correlate theories of the just war with political and intellectual development in the Middle Ages. His conclusion evaluates the just war in the light of late medieval and early modern statecraft and poses questions about its compatibility with Christian ethics and its validity within international law.
Download or read book Just War and Terrorism written by Wim Smit and published by Peeters Publishers. This book was released on 2005 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the new wave of terrorism, scholars, politicians, members of the military and even ordinary people, all of whom have been startled by the extreme kind of violence, have raised many questions. With an interesting spectrum of viewpoints, this text covers many challenging themes.
Download or read book Thomas Aquinas on War and Peace written by Gregory M. Reichberg and published by Cambridge University Press. This book was released on 2017 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length study of Aquinas's teaching on just war, its antecedents, and its reception by subsequent thinkers.
Download or read book The Verdict of Battle written by James Q. Whitman and published by Harvard University Press. This book was released on 2012-10-31 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.
Download or read book Vattel s International Law from a XXIst Century Perspective Le Droit International de Vattel vu du XXIe Si cle written by Vincent Chetail and published by BRILL. This book was released on 2011-05-23 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel's International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.
Download or read book The Use of Force in International Law written by Tarcisio Gazzini and published by Routledge. This book was released on 2017-07-05 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Download or read book For Peace in Europe written by Marta Petricioli and published by Peter Lang. This book was released on 2007 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le processus d'union européenne voit aujourd'hui un point d'arrêt sur le plan politique et institutionnel, malgré les étapes décisives réalisées après la Seconde Guerre mondiale. Il reste en effet à affronter des thèmes et des problèmes qui, pendant l'entre-deux-guerres, animèrent le débat entre les pionniers de l'européanisme. Si, à l'époque, leurs propositions restèrent sans suite, ayant une issue destructrice pour la paix et l'Europe, cet héritage idéal si précieux a permis une continuité et de germer par la suite. Ce livre a pour but de présenter une série d'idées, d'initiatives, de programmes, qui entre les deux guerres entendirent promouvoir le maintien d'un ordre international pacifié, partant du névralgique contexte européen. Il en ressort ainsi un humus significatif et transversal, opposé aux tendances inexorablement prédominantes dans la politique et les institutions, mais aussi dans la société civile. Ses animateurs oeuvrèrent dans les organisations internationales, les partis, les mouvements, les associations de type non seulement politique, de même que dans l'historiographie, la littérature, le théâtre, le cinéma, le sport, signalant les éléments en vue d'une renaissance de la cohabitation pacifique sur le plan européen et international. Despite the decisive steps forward made since the Second World War, the process of European unification has come to a standstill at a political and institutional level. Issues and problems which were already the subject of debate among the pioneers of Europeanism between the two wars have still to be addressed. Although at the time their proposal as a whole went unheeded, with destructive consequences for peace and for Europe, this valuable legacy of ideals has nevertheless guaranteed a continuity and a subsequent blossoming. The purpose of this book is to examine a series of ideas, initiatives and programmes which, between the two World Wars, aimed to promote the maintenance of a pacified international order, starting from the crucial European context. What emerges is a significant and transversal humus, that countered the inexorably prevailing tendencies in politics and institutions, and even in society. Its exponents operated in international organisations, in parties, and in movements and associations not necessarily of a political stamp, as well as in historiography, literature, theatre, cinema and sport, laying the foundations for a rebirth of peaceful co-existence at European and international level.
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
Download or read book The Cambridge History of Medieval Canon Law written by Anders Winroth and published by Cambridge University Press. This book was released on 2022-01-27 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.
Download or read book Classical Theories of International Relations written by Ian Clark and published by Springer. This book was released on 2016-07-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a tripartite taxonomy first suggested by the so-called English School of International Relations of a Hobbesian tradition of power politics, a Grotian tradition of concern with the rules that govern relations between states; and a Kantian tradition of thinking which transcends the existence of the states system, this book discusses the thinking of central political theorists about the modern states system. Thinkers covered are Hobbes, Grotius, Kant, Vitoria, Rousseau, Smith, Burke, Hegel, Gentz and Vattel.
Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Download or read book Enemies of Mankind written by Walter Rech and published by Martinus Nijhoff Publishers. This book was released on 2013-06-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Enemies of Mankind Walter Rech offers a contextual history of the collective security doctrine articulated by Swiss international lawyer Emer de Vattel (1714-67) in the authoritative treatise Droit des gens of 1758.
Download or read book Recueil Des Cours Collected Courses 1926 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Roots of International Law Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Download or read book Just War written by Anthony F. Lang Jr. and published by Georgetown University Press. This book was released on 2013-07-25 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: The just war tradition is central to the practice of international relations, in questions of war, peace, and the conduct of war in the contemporary world, but surprisingly few scholars have questioned the authority of the tradition as a source of moral guidance for modern statecraft. Just War: Authority, Tradition, and Practice brings together many of the most important contemporary writers on just war to consider questions of authority surrounding the just war tradition. Authority is critical in two key senses. First, it is central to framing the ethical debate about the justice or injustice of war, raising questions about the universality of just war and the tradition’s relationship to religion, law, and democracy. Second, who has the legitimate authority to make just-war claims and declare and prosecute war? Such authority has traditionally been located in the sovereign state, but non-state and supra-state claims to legitimate authority have become increasingly important over the last twenty years as the just war tradition has been used to think about multilateral military operations, terrorism, guerrilla warfare, and sub-state violence. The chapters in this collection, organized around these two dimensions, offer a compelling reassessment of the authority issue’s centrality in how we can, do, and ought to think about war in contemporary global politics.
Download or read book Perspectives Du Droit International Au 21e Si cle written by Marcelo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.
