On the Law of War and Peace


Author: Hugo Grotius
Publisher: Jazzybee Verlag
ISBN: 3849648737
Category: Law
Page: 640
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“On The Law of War and Peace” was translated into many languages, and most law schools adopted it as the basis of the right of nations. Princes and statesmen consulted the book, and just as Alexander the Great always had a copy of Homer's 'Iliad,’ so the great Gustavus Adolphus always had with him a copy of Grotius’ work, to remind himself that even the most successful general must respect some laws. Grotius’ strength lies in his moderation and in the fact that he quotes copiously from the best authorities to fortify his views .

War and Peace in the Law of Islam


Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category: History
Page: 321
View: 3896

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Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

Hugo Grotius on the Law of War and Peace

Student Edition
Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 1139560182
Category: Law
Page: N.A
View: 8301

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Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

The Ethics of War and Peace

An Introduction to Legal and Moral Issues
Author: Paul Christopher
Publisher: N.A
ISBN: N.A
Category: Philosophy
Page: 259
View: 4512

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This classic introduction to the ethics of war and peace explores in depth the legal and moral issues of when and how to use force to achieve political objectives. A detailed overview and critical, philosophical analysis — written by a professional soldier with over 25 years of commissioned service — it surveys the historical development of just war reasoning, its incorporation into the international laws concerning when and how to wage war, and the specific shortcomings with existing laws and practices concerning the conduct of modern-day hostilities. Explores the often-conflicting moral and legal obligations that officers and soldiers have when ordered to fight in wars they believe to be unjust. Contains many recent examples — e.g., Gulf War, interventions in Bosnia, Haiti, Somalia. Addresses the moral and legal issues surrounding UN peacekeeping and peacemaking missions. Examines certain problematic aspects of the international laws of war and the just war tradition — e.g., obedience to superior orders, military necessity and reprisals. Shows that although many international laws currently in force are outdated (e.g., those prohibiting the use of barbed spears and glass bullets), the just war principles on which they are based can be used to formulate new laws more suitable to modern tactics and technology (e.g., flamethrowers and nerve agents). Highlights the influence of the Christian religion (both positive and negative) on the development of both the just war tradition and existing international law. For anyone interested in the ethics of war and peace.

Grotius on the Rights of War and Peace

An Abridged Translation
Author: Hugo Grotius,William Whewell
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477942X
Category: History
Page: 528
View: 3121

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Reprint of the sole edition of this translation. In this momentous work Grotius describes the situations in which war is a valid tool of law enforcement and outlines the principles of armed combat. Though based on Christian natural law, Grotius advanced the novel argument that his system would still be valid if it lacked a divine basis. In this regard he pointed to the future by moving international law in a secular direction. This edition was abridged by removing most of the quotations from "ancient historians, orators, philosophers, and poets," which are identified in footnotes. As Whewell states in the preface, they tended to "confuse the subject, obscure the reasoning, and weary the reader." By removing them he enhanced clarity and reduced the bulk of the work by "more than a half" (vi). Hugo Grotius [1583-1645], generally acknowledged as the founder of international law, was an influential Dutch jurist, philosopher and theologian. Originally published in 1625, De Jure Belli ac Pacis (On the Law of War and Peace, translated by Whewell as On the Rights of War and Peace) is widely considered to be the first modern treatise on international law. William Whewell [1794-1866] wrote on numerous subjects and is known for the breadth of his endeavors, and his influence on the philosophy of science. He was one of the founding members and an early president of the British Association for the Advancement of Science, a fellow of the Royal Society, president of the Geological Society, and longtime Master of Trinity College, Cambridge.

H. Grotius of the Rights of War and Peace

In Three Volumes : in which are Explain'd the Laws and Claims of Nature and Nations, and the Principal Points that Relate Either to Publick Government, Or the Conduct of Private Life : Together with the Author's Own Notes : Done Into English by Several Hands : with the Addition of the Author's Life by the Translators : Dedicated to His Royal Highness the Prince of Wales
Author: Hugo Grotius
Publisher: N.A
ISBN: N.A
Category: International law
Page: N.A
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The Rights of War and Peace, in Three Books

Wherein are Explained, the Law of Nature and Nations, and the Principal Points Relating to Government
Author: Hugo Grotius,Jean Barbeyrac
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773863
Category: Law
Page: 817
View: 5261

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Grotius, Hugo. The Rights of War and Peace, in Three Books: Wherein are Explained, The Law of Nature and Nations, and The Principal Points relating to Government. Written in Latin by the Learned Hugo Grotius, And Translated into English. To which are Added, All the Large Notes of Mr. J. Barbeyrac... London: Printed for W. Innys [et al.], 1738. xxxvi, 817 pp. Folio, 9" x 14." Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-386-3. Cloth. $250. * The "best edition" of a landmark work on law and government by Hugo Grotius [1535-1645] (Lowndes, Bibliographer's Manual of English Literature, Rev. ed. III, 950). First published in Paris in 1625, it established the system of modern public international law, based on the concept of "droit naturel," a morality-based law that superseded the personalities of individuals or nations. These ideas influenced the American Revolution, whose leaders often cited Grotius. "No legal work ever enjoyed a more widely extended reputation, and none ever exercised such a wonderful influence over the public morals of Europe." Marvin, Legal Bibliography 353. This edition features the notes of J. Barbeyrac described by Marvin as excellent. (Whewell) Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I: 595. Sowerby, Library of Thomas Jefferson 1404. Printing and the Mind of Man 125. Indexed.

The Muslim Conception of International Law and the Western Approach


Author: Mohammad Talaat Ghunaimi
Publisher: Springer Science & Business Media
ISBN: 9401195080
Category: Law
Page: 228
View: 8903

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The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.

Four Studies of War and Peace in this Century


Author: William Keith Hancock
Publisher: CUP Archive
ISBN: 9780521051866
Category: International cooperation
Page: 129
View: 1035

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Sir Keith Hancock makes a four-pronged reconnaissance of international relations and, consequently, the prospects of human survival. He begins by discussing total war and 'small wars' and considers the relevance of this discussion, particularly in its economic aspects, to 'the cold war' and its costs. Sir Keith then turns to treaty-making, and in particular to Smuts's experience at Vereeniging in 1902 and Paris in 1919; he concludes that it is impossible to make a satisfactory peace settlement in the aftermath of total war, but that there are better prospects for negotiations during the 'cold war'. He goes on to examine Gandhian non-violence, particularly its origins in the Gandhi-Smuts conflict. He outlines the limitations of Gandhi's techniques and suggests that although they were successful against Smuts and Halifax, they would not necessarily have succeeded against Hitler and Stalin: for non-violence is not a substitute for military readiness. In his final section, Sir Keith surveys the developing international community and considers the present-day world in the perspective of history.

Krieg und Frieden


Author: Leo Tolstoi
Publisher: Null Papier Verlag
ISBN: 3954181711
Category: Fiction
Page: 1300
View: 4380

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Zwischen 1863 und 1869 schuf Leo Tolstoi dieses Werk, das in seiner erzählerischen Breite auf bis dahin unerreicht kunstfertige Weise einen Historien-, Familien- und Bildungsroman vereinte. Hintergrund ist der Krieg zwischen Russland und Frankreich. Der mit über 200 Figuren überreich bevölkerte Roman schildert die Schicksale dreier Familien über mehrere Generationen hinweg. Tolstoi spring kunstvoll zwischen familiären, privaten Szenen und der Schilderung von Schlachten und kriegerischen Manövergesprächen hin und her und bietet so ein einen einmaligen Einblick in die russisch-aristokratische Seelenlage der damaligen Zeit. Das Buch ist psychologischer Spiegel und kulturphilosophisches Brennglas in einem. Der geschickte Aufbau des Buches und die sprachlich bis ins Letzte ausgefeilte Intensität ließen Tolstois Werk schnell zu einem Klassiker von Weltrang werden. »O Himmel, welch heftiger Überfall!« erwiderte der Fürst, ohne durch diesen Empfang in Aufregung zu geraten. Der Fürst trug die goldgestickte Uniform des Hofes mit Ordenssternen, seidene Strümpfe und Schnallenschuhe. Sein Gesicht zeigte beständig ein liebenswürdiges Lächeln. Er sprach Französisch, jenes gewählte Französisch, in dem unsere Großväter nicht nur sprachen, sondern auch dachten, und in dem gemessenen, herablassenden Ton eines einflußreichen Würdenträgers, der am Hofe alt geworden ist. Er näherte sich Anna Pawlowna, küßte ihr die Hand, indem er sein kahles, parfümiertes Haupt neigte, und ließ sich dann bequem auf einem Sofa nieder. »Vor allem, verehrte Freundin, beruhigen Sie mich über den Zustand Ihrer Gesundheit«, fuhr er in galantem Tone fort, der aber nicht frei von Spott war. Null Papier Verlag www.null-papier.de

Civilians and War in Europe 1618-1815


Author: Erica Charters,Eve Rosenhaft,Hannah Smith
Publisher: Liverpool University Press
ISBN: 1781388938
Category: History
Page: 304
View: 8562

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Civilians and War in Europe 1618-1815 examines the relationship between civilians and warfare from the start of the Thirty Years War to the end of the Revolutionary and Napoleonic Wars. The volume interrogates received narratives of warfare that identify the development of modern 'total' war with the French Revolutionary and Napoleonic Wars, and instead considers the continuities and transformations in warfare over the course of two hundred years. The contributors examine prisoners of war, the cultures of plunder, the tensions of billeting, and war-time atrocities throughout England, France, Spain, and the German territories. They also explore the legal practices surrounding the conduct and aftermath of war; representations of civilians, soldiers, and militias; and the philosophical underpinnings of warfare. They probe what it meant to be a civilian in territories beset by invasion and civil war or in times when 'peace' at home was accompanied by almost continuous military engagement abroad. Their accounts show us civilians not only as anguished sufferers, but also directly involved with war: fighting back with shocking violence, profiting from war-time needs, and negotiating for material and social redress. And they show us individuals and societies coming to terms with the moral and political challenges posed by the business of drawing lines between 'civilians' and 'soldiers'. With contributors drawn from the fields of political and legal theory, literature and the visual arts, and military, political, social, and cultural history, this volume will appeal to all those with an interest in the history of warfare and the evolution of the idea of the civilian.

The Powers of War and Peace

The Constitution and Foreign Affairs after 9/11
Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category: Political Science
Page: 378
View: 7703

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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review