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
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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.

On The Law Of War And Peace


Author: Hugo Grotius
Publisher: Kessinger Publishing
ISBN: 9781419138751
Category: Philosophy
Page: 343
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But as in those early times, when men were few, and aggressions rare, there was less occasion for examples, God restrained by an express commandment the impulse of nature which appeared lawful, he forbad any one to kill the murderer, at the same time prohibiting all intercourse with him, even so far as not to touch him.

War and Peace in the Law of Islam


Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category: History
Page: 321
View: 6372

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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

War and the Law of Nations

A General History
Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 9781139445238
Category: Law
Page: N.A
View: 7313

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This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

The Rights of War and Peace


Author: Hugo Grotius
Publisher: N.A
ISBN: 9781434413000
Category: Law
Page: 438
View: 6919

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Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.

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: 5619

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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.

The Oxford Handbook of International Law in Armed Conflict


Author: Andrew Clapham,Paola Gaeta
Publisher: Oxford University Press
ISBN: 0199559694
Category: History
Page: 909
View: 9774

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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

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: 5304

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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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Criminal law between war and peace

justice and cooperation in criminal matters in international military interventions : prceedings of the XVth International Congress on Social Defense
Author: Stefano Manacorda,Adán Nieto Martín
Publisher: Ministerio de Justicia
ISBN: 9788484276876
Category: Law
Page: 814
View: 6291

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If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Law, War and Crime

War Crimes, Trials and the Reinvention of International Law
Author: Gerry J. Simpson
Publisher: John Wiley & Sons
ISBN: 0745657311
Category: Law
Page: 240
View: 2488

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From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant
Author: Richard Tuck
Publisher: OUP Oxford
ISBN: 0191037427
Category: Law
Page: 256
View: 2078

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The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

The Handbook of International Humanitarian Law


Author: Dieter Fleck,Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199232504
Category: Law
Page: 770
View: 8203

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This fully updated second edition of The Handbook of Humanitarian Law in Armed Conflicts sets out an international 'manual' of humanitarian law in armed conflicts accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. Topics examined include the historical development, legal basis, and scope of application of international humanitarian law; methods and means of combat; protection of the civilian population, and of the wounded, sick or shipwrecked, and of prisoners of war; the protection of cultural property; the law of neutrality; and the enforcement of international humanitarian law. This edition also incorporates new chapters covering the law of non-international armed conflicts and international peace operations. Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.

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: 1944

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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

War and Peace


Author: Leo Tolstoy,Louise and Aylmer Maude
Publisher: OUP Oxford
ISBN: 0191624632
Category: Fiction
Page: 1392
View: 2527

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'If life could write, it would write like Tolstoy.' Isaac Babel Tolstoy's epic masterpiece intertwines the lives of private and public individuals during the time of the Napoleonic wars and the French invasion of Russia. The fortunes of the Rostovs and the Bolkonskys, of Pierre, Natasha, and Andrei, are intimately connected with the national history that is played out in parallel with their lives. Balls and soirées alternate with councils of war and the machinations of statesmen and generals, scenes of violent battles with everyday human passions in a work whose extraordinary imaginative power has never been surpassed. The prodigious cast of characters, both great and small, seem to act and move as if connected by threads of destiny as the novel relentlessly questions ideas of free will, fate, and providence. Yet Tolstoy's portrayal of marital relations and scenes of domesticity is as truthful and poignant as the grand themes that underlie them. In this revised and updated version of the definitive and highly acclaimed Maude translation, Tolstoy's genius and the power of his prose are made newly available to the contemporary reader. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.

The Ethics of War and Peace


Author: Nigel Dower
Publisher: Polity
ISBN: 0745641679
Category: Political Science
Page: 220
View: 6458

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"This book presents an introduction to the diverse and wide-ranging ethical aspects of war and peace. In a fair-minded and engaging analysis, Nigel Dower introduces the different ethical theories in traditional and contemporary debates - realism, just war theory and pacifism - and subjects each to detailed critical scrutiny. The book uses a wide range of examples from across the world, including discussions of nuclear weapons, new wars, terrorism, humanitarian intervention and human security." "Written as a textbook for those who have no prior knowledge of philosophical ethics, The Ethics of War and Peace is designed to help students understand how to engage ethically with the world. At the end of each chapter there is a helpful set of questions for individual reflection or group discussion." --Book Jacket.

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: 6199

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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.