Orwell's Battle with Brittain: Vicarious Liability for Unjust Aggression
In: Philosophy and public affairs, Band 42, Heft 1, S. 42-77
ISSN: 1088-4963
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In: Philosophy and public affairs, Band 42, Heft 1, S. 42-77
ISSN: 1088-4963
In: Chapter 12 'The Ends of Harm: The Moral Foundations of Criminal Law' (OUP, 2011)
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In: Social & legal studies: an international journal, Band 15, Heft 2, S. 306-307
ISSN: 1461-7390
In: New Criminal Law Review, Band 16, Heft 3
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In: Suffolk University Law School Research Paper No. 13-38
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In: Peter Oliver, Sionaidh Douglas Scott & Victor Tadros, Faith in Law: Essays in Legal Theory (Oxford: Hart Publishing, 2000).
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The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors.
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