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Book The Public Uses of Coercion and Force

Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2021-07-16 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.

Book The Public Uses of Coercion and Force

Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. Modern states' authority claims and their exercise of power and sovereignty span a spectrum from the most stringently and explicitly codified- the constitutional level- to the most fluid and turbulent- acts of war. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--

Book The Public Uses of Coercion and Force

Download or read book The Public Uses of Coercion and Force written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2021 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.

Book The Force of Law

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

Book Force and Freedom

    Book Details:
  • Author : Arthur Ripstein
  • Publisher : Harvard University Press
  • Release : 2010-02-15
  • ISBN : 0674054512
  • Pages : 416 pages

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.

Book Military Coercion and US Foreign Policy

Download or read book Military Coercion and US Foreign Policy written by Melanie W. Sisson and published by Routledge. This book was released on 2020-04-23 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the use of military force as a coercive tool by the United States, using lessons drawn from the post-Cold War era (1991–2018). The volume reveals that despite its status as sole superpower during the post-Cold War period, US efforts to coerce other states failed as often as they succeeded. In the coming decades, the United States will face states that are more capable and creative, willing to challenge its interests and able to take advantage of missteps and vulnerabilities. By using lessons derived from in-depth case studies and statistical analysis of an original dataset of more than 100 coercive incidents in the post-Cold War era, this book generates insight into how the US military can be used to achieve policy goals. Specifically, it provides guidance about the ways in which, and the conditions under which, the US armed forces can work in concert with economic and diplomatic elements of US power to create effective coercive strategies. This book will be of interest to students of US national security, US foreign policy, strategic studies and International Relations in general.

Book Coercion and the State

    Book Details:
  • Author : David A. Reidy
  • Publisher : Springer Science & Business Media
  • Release : 2008-03-19
  • ISBN : 1402068794
  • Pages : 256 pages

Download or read book Coercion and the State written by David A. Reidy and published by Springer Science & Business Media. This book was released on 2008-03-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

Book The United States and Coercive Diplomacy

Download or read book The United States and Coercive Diplomacy written by Robert J. Art and published by US Institute of Peace Press. This book was released on 2003 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Robert Art makes clear in a groundbreaking conclusion, those results have been mixed at best. Art dissects the uneven performance of coercive diplomacy and explains why it has sometimes worked and why it has more often failed."--BOOK JACKET.

Book Bombing to Win

    Book Details:
  • Author : Robert A. Pape
  • Publisher : Cornell University Press
  • Release : 2014-04-11
  • ISBN : 0801471508
  • Pages : 547 pages

Download or read book Bombing to Win written by Robert A. Pape and published by Cornell University Press. This book was released on 2014-04-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Iraq to Bosnia to North Korea, the first question in American foreign policy debates is increasingly: Can air power alone do the job? Robert A. Pape provides a systematic answer. Analyzing the results of over thirty air campaigns, including a detailed reconstruction of the Gulf War, he argues that the key to success is attacking the enemy's military strategy, not its economy, people, or leaders. Coercive air power can succeed, but not as cheaply as air enthusiasts would like to believe.Pape examines the air raids on Germany, Japan, Korea, Vietnam, and Iraq as well as those of Israel versus Egypt, providing details of bombing and governmental decision making. His detailed narratives of the strategic effectiveness of bombing range from the classical cases of World War II to an extraordinary reconstruction of airpower use in the Gulf War, based on recently declassified documents. In this now-classic work of the theory and practice of airpower and its political effects, Robert A. Pape helps military strategists and policy makers judge the purpose of various air strategies, and helps general readers understand the policy debates.

Book Kant and the Law of War

    Book Details:
  • Author : Arthur Ripstein
  • Publisher : Oxford University Press
  • Release : 2021-09-12
  • ISBN : 0197604226
  • Pages : pages

Download or read book Kant and the Law of War written by Arthur Ripstein and published by Oxford University Press. This book was released on 2021-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.

Book Military Strategy  A Very Short Introduction

Download or read book Military Strategy A Very Short Introduction written by Antulio J. Echevarria II and published by Oxford University Press. This book was released on 2024 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Strategy: A Very Short Introduction adapts Clausewitz's framework to highlight the dynamic relationship between the main elements of strategy: purpose, method, and means. Drawing on historical examples, Antulio J. Echevarria discusses the major types of military strategy and how emerging technologies are affecting them. This second edition has been updated to include an expanded chapter on manipulation through cyberwarfare and new further reading.

Book The Force of Nonviolence

Download or read book The Force of Nonviolence written by Judith Butler and published by Verso Books. This book was released on 2021-02-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The most creative and courageous social theorist working today” examines the ethical binds that emerge within the force field of violence (Cornel West). “ . . . nonviolence is often seen as passive and resolutely individual. Butler’s philosophical inquiry argues that it is in fact a shrewd and even aggressive collective political tactic.” —New York Times Judith Butler shows how an ethic of nonviolence must be connected to a broader political struggle for social equality. While many think of nonviolence as passive or individualist, Butler argues nonviolence is an ethical position found in the midst of the political field. She champions an ‘aggressive’ nonviolence, which accepts hostility as part of our psychic constitution—but values ambivalence as a way of checking the conversion of aggression into violence. Some challengers say a politics of nonviolence is subjective: What qualifies as violence versus nonviolence? This distinction is often mobilized in the service of ratifying the state’s monopoly on violence. Considering nonviolence as an ethical problem within a political philosophy requires two things: a critique of individualism and an understanding of the psychosocial dimensions of violence. Butler draws upon Foucault, Fanon, Freud, and Benjamin to consider how the interdiction against violence fails to include lives regarded as ‘ungrievable’. By considering how “racial phantasms” inform justifications of state and administrative violence, Butler tracks how violence is often attributed to those who are most severely exposed to its lethal effects. Ultimately, the struggle for nonviolence is found in modes of resistance and social movements that separate aggression from its destructive aims to affirm the living potentials of radical egalitarian politics.

Book Coercion

    Book Details:
  • Author : Kelly M. Greenhill
  • Publisher : Oxford University Press
  • Release : 2018
  • ISBN : 019084633X
  • Pages : 385 pages

Download or read book Coercion written by Kelly M. Greenhill and published by Oxford University Press. This book was released on 2018 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the rising significance of non-state actors to the increasing influence of regional powers, the nature and conduct of international politics has arguably changed dramatically since the height of the Cold War. Yet much of the literature on deterrence and compellence continues to draw (whether implicitly or explicitly) upon assumptions and precepts formulated in-and predicated upon-politics in a state-centric, bipolar world. Coercion moves beyond these somewhat hidebound premises and examines the critical issue of coercion in the 21st century, with a particular focus on new actors, strategies and objectives in this very old bargaining game. The chapters in this volume examine intra-state, inter-state, and transnational coercion and deterrence as well as both military and non-military instruments of persuasion, thus expanding our understanding of coercion for conflict in the 21st century. Scholars have analyzed the causes, dynamics, and effects of coercion for decades, but previous works have principally focused on a single state employing conventional military means to pressure another state to alter its behavior. In contrast, this volume captures fresh developments, both theoretical and policy relevant. This chapters in this volume focus on tools (terrorism, sanctions, drones, cyber warfare, intelligence, and forced migration), actors (insurgents, social movements, and NGOs) and mechanisms (trilateral coercion, diplomatic and economic isolation, foreign-imposed regime change, coercion of nuclear proliferators, and two-level games) that have become more prominent in recent years, but which have yet to be extensively or systematically addressed in either academic or policy literatures.

Book Liberalism

    Book Details:
  • Author : Jan Narveson
  • Publisher : Springer Science & Business Media
  • Release : 2000-12-31
  • ISBN : 9780792366409
  • Pages : 256 pages

Download or read book Liberalism written by Jan Narveson and published by Springer Science & Business Media. This book was released on 2000-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: No theory is more passionately and widely defined, or decried, than is liberalism in contemporary Anglo-American philosophy. But what is this theory, on which so much ink is spilled? This collection of original essays by leading specialists in political philosophy, legal theory, and economics offers answers to that question, by exploring the theoretical commitments of liberals and some of the practical implications of their view. Among the topics explored is the distinction between liberalism and conservatism, and the degree to which liberals must be committed to neutrality, individualism, equality, freedom, and a contractarian theory of justification. The practical implications of liberalism are further examined by considerations of the proper role of the liberal state in undertaking egalitarian redistribution, the provision of public goods, and retributive punishment. The papers assembled by Narveson and Dimock will be of benefit to anyone working in the areas of political philosophy, political theory, or political economics.

Book On War

Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Dynamics of Coercion

Download or read book The Dynamics of Coercion written by Daniel Byman and published by Cambridge University Press. This book was released on 2002-02-04 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines why some attempts to strong-arm an adversary work while others do not.

Book Power in Peacekeeping

Download or read book Power in Peacekeeping written by Lise Morjé Howard and published by Cambridge University Press. This book was released on 2019-05-16 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how peacekeeping can work effectively by employing power through verbal persuasion, financial inducement, and coercion short of offensive force.