Suchergebnisse

Preliminary Material -- Introduction /Mathew A. Foust and Sor-hoon Tan -- 1 Confucius and the Four Books for Women (Nü Sishu «女四書») /Ann A. Pang-White -- 2 Confucian Mothering: The Origin of Tiger Mothering? /Ranjoo Seodu Herr -- 3 Beyond Sexism: The Need for an Intersectional Approach to Confucianism /George Wrisley and Samantha Wrisley -- 4 Confucian Reliability and Epistemic Agency: Engagements with Feminist Epistemology /Karyn Lai -- 5 Role Epistemology: Confucian Resources for Feminist Standpoint Theory /Kevin DeLapp -- 6 How Relational Selfhood Rearranges the Debate between Feminists and Confucians /Andrew Komasinski and Stephanie Midori Komashin -- 7 Confucian Ethics and Care: An Amicable Split? /Andrew Lambert -- 8 Confucian Role Ethics in the 21st Century: Domestic Violence, Same-sex Marriage, and Christian Family Values /Sarah A. Mattice -- 9 Contemporary Ecofeminism and Confucian Cosmology /Taine Duncan and Nicholas S. Brasovan -- Index.

Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common start

Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between the law of armed conflict and other branches of international law, most notably the law of inter-State force and human rights law. This article examines different forms of legal indeterminacy and different legal techniques available to address them, using concrete controversies to illustrate abstract ideas. It defends one view of the purpose of the law of armed conflict and its relationship with other rules of international law. The purpose of the law is not to balance a constraining principle of humanity against an authorizing principle of military necessity. Instead, the purpose of the law is simply to protect persons and objects to the greatest extent practically possible, that is, without depriving other rules of international law, which authorize certain uses of armed force, of practical effect. Finally, it shows that the law of armed conflict contains a number of clues for its own interpretation, some of them hidden in plain sight, including a recurring pattern of general protections with limited exceptions.

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

In HisDe Jure Belli ac Paris, Grotius, quoting Cicero, stated that "there is no Middle between War and Peace," and this sentiment seems to have received general agreement well into the twentieth century. Thus, inJansonv.Driefontein Consolidated Mines, Lord Macnaghten stated: "I think the learned counsel for the respondent was right in saying that the law recognises a state of peace and a state of war, but that it knows nothing of an intermediate state which is neither one thing nor the other — neither peace nor war." One might have thought that the English courts would have abandoned this view in the light of their own experience during the Manchukuo incident, for by 1939 inKawasaki Kisen Kabushiki Kaisha of Kobev.Bantham S.S. Co.the Court of Appeal was prepared to concede that "war" might exist for some commercial purposes but not in so far as other legal relationships were concerned.

Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.