Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Download or read book International Law and the Use of Force written by Christine Gray and published by OUP Oxford. This book was released on 2008-07-17 with total page 2316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

Download or read book The Force of Law Reaffirmed written by Christoph Bezemek and published by Springer. This book was released on 2016-08-24 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

Download or read book Law And Force In The New International Order written by Lori Fisler Damrosch and published by Routledge. This book was released on 2019-03-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.

Download or read book Events The Force of International Law written by Fleur Johns and published by Routledge. This book was released on 2010-10-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Download or read book International Law and the Use of Force written by Anthony Clark Arend and published by Routledge. This book was released on 2014-02-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by . This book was released on 2015 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

Download or read book Use The Force written by Joshua P Warren and published by Simon and Schuster. This book was released on 2015-07-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since Star Wars first appeared on the silver screen, people have fantasized about being able to use the Force. But anyone--not just Jedis--can tap into its capabilities by using the Law of Attraction to harness the incredible power of the universe. Author Joshua P. Warren guides you through the lessons of legendary Jedi Masters to reveal how Jedi science encompasses the Law of Attraction and how you can draw on the universe's energy to achieve your dreams. Each thought-provoking exercise shows you how to utilize this power to manifest your deepest desires and attract the life you've always wanted. You'll also learn how to train your mind to hone in on your intention; enhance your connection to the universe; and ensure that your actions, words, and thoughts are in harmony with accomplishing your goals. Do you want to break the negative energies holding you back from success? Do you want to wake up each day excited and full of energy? Do you want to use the real Jedi mind trick on others? Do you want to channel the very power that binds the universe? Do you want to truly create wealth and peace of mind in your life? Complete with enlightening quotes from the series, Use the Force will help you master important Jedi teachings through the Law of Attraction and make every wish a reality.

Download or read book The Use of Force and International Law written by Christian Henderson and published by Cambridge University Press. This book was released on 2023-11-09 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.

Download or read book Law Without Force written by Gerhart Niemeyer and published by Transaction Publishers. This book was released on with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.

Download or read book International Law and the Use of Force written by Christine D. Gray and published by Oxford University Press, USA. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.

Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Download or read book Threats of Force written by Francis Grimal and published by Routledge. This book was released on 2013 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.

Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.

Download or read book The Law of Force written by and published by . This book was released on 2021 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.