Download or read book The Right of Necessity written by Alejandra Mancilla and published by Rowman & Littlefield. This book was released on 2016-08-19 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does recognition of the basic human right to subsistence imply that the needy are morally permitted to take and use other people’s property to get out of their plight? Should we respect the exercise of this right of necessity in a variety of scenarios – from street pickpocketing and petty theft to illegal squatting and encamping? In this concise and accessible book, Alejandra Mancilla addresses these complex and controversial moral questions. The book presents a historical account of the concept of the right of necessity—from the medieval writings of Christian canonists and theologians to seventeenth century natural law theory. The author then goes on to ground this right in a minimal conception of basic human rights, and proposes some necessary and jointly sufficient conditions for its exercise. She confronts the main objections that may be posed against this principle and ultimately concludes that the exercise of this right should be considered as a trigger to secure a minimum threshold of welfare provisions for everyone, everywhere.
Download or read book Necessity and Proportionality and the Right of Self Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Download or read book Necessity and National Emergency Clauses written by Diane A. Desierto and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by . This book was released on 2021 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
Download or read book Overcoming Necessity written by Thomas P. Crocker and published by Yale University Press. This book was released on 2020-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Download or read book Freedom and Necessity written by Steven Brust and published by Macmillan. This book was released on 2007-04-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you liked Susanna Clarke's Jonathan Strange & Mr Norrell-or Christopher Priest's The Prestige-or Iain Pears' An Instance of the Fingerpost-here is a classic of magic-tinged adventure you may have missed.
Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Download or read book The Politics of Necessity written by Elke Zuern and published by Univ of Wisconsin Press. This book was released on 2011-02-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of apartheid in South Africa broke down political barriers, extending to all races the formal rights of citizenship, including the right to participate in free elections and parliamentary democracy. But South Africa remains one of the most economically polarized nations in the world. In The Politics of Necessity Elke Zuern forcefully argues that working toward greater socio-economic equality—access to food, housing, land, jobs—is crucial to achieving a successful and sustainable democracy. Drawing on interviews with local residents and activists in South Africa’s impoverished townships during more than a decade of dramatic political change, Zuern tracks the development of community organizing and reveals the shifting challenges faced by poor citizens. Under apartheid, township residents began organizing to press the government to address the basic material necessities of the poor and expanded their demands to include full civil and political rights. While the movement succeeded in gaining formal political rights, democratization led to a new government that instituted neo-liberal economic reforms and sought to minimize protest. In discouraging dissent and failing to reduce economic inequality, South Africa’s new democracy has continued to disempower the poor. By comparing movements in South Africa to those in other African and Latin American states, this book identifies profound challenges to democratization. Zuern asserts the fundamental indivisibility of all human rights, showing how protest movements that call attention to socio-economic demands, though often labeled a threat to democracy, offer significant opportunities for modern democracies to evolve into systems of rule that empower all citizens.
Download or read book The Military Commander s Necessity written by Sigrid Redse Johansen and published by Cambridge University Press. This book was released on 2019-10-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Download or read book Land of Necessity written by Alexis McCrossen and published by Duke University Press. This book was released on 2009-06-19 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in cooperation with the William P. Clements Center for Southwest Studies, Southern Methodist University. In Land of Necessity, historians and anthropologists unravel the interplay of the national and transnational and of scarcity and abundance in the region split by the 1,969-mile boundary line dividing Mexico and the United States. This richly illustrated volume, with more than 100 images including maps, photographs, and advertisements, explores the convergence of broad demographic, economic, political, cultural, and transnational developments resulting in various forms of consumer culture in the borderlands. Though its importance is uncontestable, the role of necessity in consumer culture has rarely been explored. Indeed, it has been argued that where necessity reigns, consumer culture is anemic. This volume demonstrates otherwise. In doing so, it sheds new light on the history of the U.S.-Mexico borderlands, while also opening up similar terrain for scholarly inquiry into consumer culture. The volume opens with two chapters that detail the historical trajectories of consumer culture and the borderlands. In the subsequent chapters, contributors take up subjects including smuggling, tourist districts and resorts, purchasing power, and living standards. Others address home décor, housing, urban development, and commercial real estate, while still others consider the circulation of cinematic images, contraband, used cars, and clothing. Several contributors discuss the movement of people across borders, within cities, and in retail spaces. In the two afterwords, scholars reflect on the U.S.-Mexico borderlands as a particular site of trade in labor, land, leisure, and commodities, while also musing about consumer culture as a place of complex political and economic negotiations. Through its focus on the borderlands, this volume provides valuable insight into the historical and contemporary aspects of the big “isms” shaping modern life: capitalism, nationalism, transnationalism, globalism, and, without a doubt, consumerism. Contributors. Josef Barton, Peter S. Cahn, Howard Campbell, Lawrence Culver, Amy S. Greenberg, Josiah McC. Heyman, Sarah Hill, Alexis McCrossen, Robert Perez, Laura Isabel Serna, Rachel St. John, Mauricio Tenorio-Trillo, Evan R. Ward
Download or read book Necessity in International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2016-09-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Download or read book The Empire of Necessity written by Greg Grandin and published by Macmillan. This book was released on 2014-01-14 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents an early nineteenth-century event that inspired Herman Melville's "Beneto Cereno," tracing the cultural, economic, and religious clash that occurred aboard a distressed Spanish ship of West African pirates.
Download or read book Ways of Necessity written by Kenneth Evan Schwinn and published by . This book was released on 1921 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Necessity of Politics written by Christopher Beem and published by University of Chicago Press. This book was released on 2000-09 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even in the midst of an economic boom, most Americans would agree that our civic institutions are hard pressed and that we are growing ever more cynical and disconnected from one another. In response to this bleak assessment, advocates of "civil society" argue that rejuvenating our neighborhoods, churches, and community associations will lead to a more moral, civic-minded polity. Christopher Beem argues that while the movement's goals are laudable, simply restoring local institutions will not solve the problem; a civil society also needs politics and government to provide a sense of shared values and ideas. Tracing the concept back to Tocqueville and Hegel, Beem shows that both thinkers faced similar problems and both rejected civil society as the sole solution. He then shows how, in the case of the Civil Rights movement, both political groups and the federal government were necessary to effect a new consensus on race. Taking up the arguments of Robert Putnam, Michael Sandel, and others, this timely book calls for a more developed sense of what the state is for and what our politics ought to be about. "This book is bound to incite controversy and to contribute to our ongoing grappling with where our own democratic political culture is going. . . . Beem helps us to get things right by offering a corrective to any and all visions of civil society sanitized from politics."—Jean Bethke Elshtain, from the Foreword "[Beem] makes an impressive case. At the end of the day, there really is no substitute for governmental authority in fostering the moral identity of the body politic."—Robert P. George, Times Literary Supplement
Download or read book The Nature of Necessity written by Alvin Plantinga and published by Clarendon Press. This book was released on 1978-02-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reissue of a book which is an exploration and defence of the notion of modality 'de re', the idea that objects have both essential and accidental properties. It is one of the first full-length studies of the modalities to emerge from the debate to which Saul Kripke, David Lewis, Ruth Marcus and others have contributed. The argument is developed by means of the notion of possible worlds, and ranges over key problems including the nature of essence, trans-world identity, negative existential propositions, and the existence of unactual objects in other possible worlds. In the final chapters Professor Plantinga applies his logical theories to the clarification of two problems in the philosophy of religion - the Problem of Evil and the Ontological Argument.
Download or read book Necessity Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
