Suchergebnisse

This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.

What makes a war just? What makes a specific weapon, strategy, or decision in war just? The tradition of Just War Theory has provided answers to these questions since at least 400 AD, yet each shift in the weapons and strategies of war poses significant challenges to Just War Theory. This book assembles renowned scholars from around the world to reflect on the most pressing problems and questions in Just War Theory, and engages with all three stages of war: jus ad bellum, jus in bello, and jus post bellum. Providing detailed historical context as well as addressing modern controversies and topics including drones, Islamic jihad, and humanitarian intervention, the volume will be highly important for students and scholars of the philosophy of war as well as for others interested in contemporary global military and ethical issues

Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. Anger, Desire, and Moral Responsibility -- 2. Paternity and Commitment -- 3. Sexuality and Confession (with James Bohman) -- 4. Pornography and Pollution -- 5. Rape and Collective Responsibility (with Robert Strikwerda) -- 6. Sexual Harassment and Solidarity -- 7. Socialization and Separatism -- 8. A Progressive Male Standpoint -- Notes -- Bibliography -- Index

Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality

"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"--

2.3 INDICTMENT AND ARREST INSTITUTIONS IN JUS POST BELLUM2.4 AMNESTIES AND PARDONS; 2.5 OBJECTIONS; CHAPTER 3: Transitional justice and the Just War tradition; 3.1 THE SIXTEENTH-CENTURY IDEAS OF JUS POST BELLUM; 3.2 GROTIUS ON PROMOTING PEACE AND PROTECTING RIGHTS; 3.3 VATTEL'S SOLUTION TO WHEN THE PRINCIPLES CONFLICT; 3.4 OBJECTIONS; CHAPTER 4: War crimes trials during and after war; 4.1 THE JUST WAR TRADITION; 4.2 A DEFENSE OF WAR CRIMES TRIALS; 4.3 THE MY LAI PROSECUTION AND MORE RECENT TRIALS; 4.4 WAR CRIMES TRIALS AND JUS POST BELLUM PRINCIPLES; 4.5 OBJECTIONS; PART II: Reconciliation.

Introduction : between the horrors and necessity of war -- Grotius and contingent pacifism -- International solidarity and the duty to aid -- The principle of priority or first strike -- The principle of just cause -- The principle of proportionality -- Custom and the Nuremberg "precedent" -- Prosecuting military and political leaders -- Prosecuting civilians for complicity : The Krupp -- Defining state aggression -- Act and circumstance in the crime of aggression -- Individual mens rea and collective liability -- Humanitarian interventions -- Terrorist aggression --Defending international criminal trials for aggression.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross