Suchergebnisse

AbstractI will attempt to explicate Hobbes's conception of legal obligation by trying to understand what factors would lead people, on his view, to agree to obey a legal authority as well as to accept a legal system as deserving of respect. I am mainly concerned to understand Hobbes's curious claims that those who have been legitimately condemned to death and those who have been legitimately commanded to serve in combat situations may nonetheless justifiably disobey the law. Such claims seem to undermine fidelity to law, at least as that concept was understood by Plato in The Crito. As a result it might appear that Hobbes provides too simplistic a view of legal obligation. On the contrary, I will argue that Hobbes supports quite a plausible and subtle view of legal obligation which has several advantages over various other views of legal obligation.

Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks

part Part I Grotius's Place in the History of Legal and Political thought -- chapter 1 Martin Wight (2005), 'Grotius: 10 April 1583-28 August 1645', in Gabriele Wight and Brian Porter (eds), Four Seminal Thinkers in International Theory: Machiavelli, Grotius, Kant, and Mazzini, Oxford: Oxford University Press, pp. 29-61 -- chapter 2 Richard Tuck (1999), 'Hugo Grotius', in The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant, Oxford: Oxford University Press, pp. 78-108 -- chapter 3 Knud Haakonssen (1985), 'Hugo Grotius and the History of Political Thought', Political Theory, 13, pp. 239-65 -- part Part II Natural Law and Natural Right -- chapter 4J.B. Schneewind (1998), 'Natural Law Restated: Suarez and Grotius', in The Invention of Autonomy: A History of Modern Moral Philosophy, New York: Cambridge University Press, pp. 58-81 -- chapter 5 Theodor Meron (1991), 'Common Rights of Mankind in Gentili, Grotius and Suarez', American Journal of International Law, 85, pp. 110-16 -- chapter 6 Benjamin Straumann (2006), '''Ancient Caesarian Lawyers -- part Part III Liberty, Necessity and Roman Law -- chapter 7 Daniel Lee (2011), 'Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius's De Jure Belli ac Pads', Journal of the History of Ideas, 72, pp. 371-92 -- chapter 8 John Salter (2005), 'Grotius and Pufendorf on the Right of Necessity', History of Political Thought, 26, pp. 284-302 -- chapter 9 Benjamin Straumann (2009), 'Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law', Law and History Review, 27, pp. 55-85 -- part Part IV Property Rights and Law -- chapter 10 John Salter (2001), 'Rugo Grotius: Property and Consent', Political Theory, 29, pp. 537-55 -- chapter 11 Christoph A. Stumpf (2006), 'Proprietary Rights', in The Grotian Theology of International Law: Hugo Grotius and the Moral Foundations of International Relations, New York: Walter de Gruyter, pp. 163-99 -- chapter 12 Marcelo de Araujo (2009), 'Rugo Grotius, Contractualism, and the Concept of Private Property: An Institutionalist Interpretation', History of Philosophy Quarterly, 26, pp. 353-71 -- part Part V The Law of War and Peace -- chapter 13 Redley Bull (1990), 'The Importance of Grotius in the Study of International Relations', in Benedict Kingsbury, Hedley Bull and Adam Roberts (eds), Hugo Grotius and International Relations, Oxford: Clarendon Press, pp. 65-93 -- chapter 14 Steven Forde (1998), 'Rugo Grotius on Ethics and War', American Political Science Review, 92, pp. 639-48 -- chapter 15 Larry May (2008), 'Grotius and Contingent Pacifism', in Aggression and Crimes against Peace, Cambridge: Cambridge University Press, pp. 25-45 -- chapter 16 Deborah Baumgold (2010), 'Pacifying Politics: Resistance, Violence, and Accountability in Seventeenth-Century Contract Theory', in Contract Theory in Historical Context: Essays on Grotius, Hobbes, and Locke, Boston: Brill Academic, pp. 27-49 -- part Part VI International Law -- chapter 17 John D. Haskell (2011), 'Hugo Grotius in the Contemporary Memory of International Law: Secularism, Liberalism, and the Politics of Restatement and Denial', Emory International Law Review, 25, pp. 269-98 -- chapter 18 Cornelius F. Murphy, Jr (1982), 'The Grotian Vision of World Order', American Journal of International Law, 76, pp. 477-98 -- chapter 19 Hendrik van Eikema Hommes (1983), 'Grotius on Natural and International Law', Netherlands International Law Review, 30, pp. 61-71 -- chapter 20 Hersch Lauterpacht (1946), 'The Grotian Tradition in International Law', British Yearbook of International Law, 23, pp. 1-53.

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically asses

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law

Introduction / Larry May and Andrew T. Forcehimes -- Post-conflict truth telling : exploring extended territory / Margaret Walker -- Reparations, restitution, and transitional justice / Larry May -- Addressing atrocity at the local level : community- based approaches to transitional justice in Central Africa / Phil Clark -- Timor-Leste and transitional justice : should we pursue international prosecutions for the crimes committed in East Timor in 1999? / Jovana Davidovic -- Justice after war : economic actors, economic crimes, and the moral imperative for accountability after war / Joanna Kyriakakis -- Child soldiers, transitional justice, and the architecture of post bellum settlements / Mark A. Drumbl -- Our soldiers, right or wrong : the postwar treatment of troops / C.A.J. Coady -- Democratization and just cause / Robert Talisse -- Skepticism about jus post bellum / Seth Lazar -- Law and the jus post bellum : counseling caution / Robert Cryer -- Conclusion / Andrew Forcehimes and Larry May.