The Public Uses of Coercion and Force PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Public Uses of Coercion and Force PDF full book. Access full book title The Public Uses of Coercion and Force by Ester Herlin-Karnell. Download full books in PDF and EPUB format.
Author: Ester Herlin-Karnell
Publisher: Oxford University Press
ISBN: 0197519105
Category : Constitutional law
Languages : en
Pages : 361
Get Book Here
Book Description
A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.
Author: Ester Herlin-Karnell
Publisher: Oxford University Press
ISBN: 0197519105
Category : Constitutional law
Languages : en
Pages : 361
Get Book Here
Book Description
A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256
Get Book Here
Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author: Ester Herlin-Karnell
Publisher: Oxford University Press
ISBN: 0197519121
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
Author: Melanie W. Sisson
Publisher: Routledge
ISBN: 1000056872
Category : Political Science
Languages : en
Pages : 218
Get Book Here
Book Description
This book examines the use of military force as a coercive tool by the United States, using lessons drawn from the post-Cold War era (1991–2018). The volume reveals that despite its status as sole superpower during the post-Cold War period, US efforts to coerce other states failed as often as they succeeded. In the coming decades, the United States will face states that are more capable and creative, willing to challenge its interests and able to take advantage of missteps and vulnerabilities. By using lessons derived from in-depth case studies and statistical analysis of an original dataset of more than 100 coercive incidents in the post-Cold War era, this book generates insight into how the US military can be used to achieve policy goals. Specifically, it provides guidance about the ways in which, and the conditions under which, the US armed forces can work in concert with economic and diplomatic elements of US power to create effective coercive strategies. This book will be of interest to students of US national security, US foreign policy, strategic studies and International Relations in general.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416
Get Book Here
Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: Robert J. Art
Publisher: Rowman & Littlefield
ISBN: 9780742556706
Category : History
Languages : en
Pages : 556
Get Book Here
Book Description
First edition published in 2003.
Author: Phil Haun
Publisher: Stanford University Press
ISBN: 080479507X
Category : Political Science
Languages : en
Pages : 286
Get Book Here
Book Description
In asymmetric interstate conflicts, great powers have the capability to coerce weak states by threatening their survival—but not vice versa. It is therefore the great power that decides whether to escalate a conflict into a crisis by adopting a coercive strategy. In practice, however, the coercive strategies of the U.S. have frequently failed. In Coercion, Survival and War Phil Haun chronicles 30 asymmetric interstate crises involving the US from 1918 to 2003. The U.S. chose coercive strategies in 23 of these cases, but coercion failed half of the time: most often because the more powerful U.S. made demands that threatened the very survival of the weak state, causing it to resist as long as it had the means to do so. It is an unfortunate paradox Haun notes that, where the U.S. may prefer brute force to coercion, these power asymmetries may well lead it to first attempt coercive strategies that are expected to fail in order to justify the war it desires. He concludes that, when coercion is preferred to brute force there are clear limits as to what can be demanded. In such cases, he suggests, U.S. policymakers can improve the chances of success by matching appropriate threats to demands, by including other great powers in the coercive process, and by reducing a weak state leader's reputational costs by giving him or her face-saving options.
Author: Regina G. Lawrence
Publisher: Oxford University Press
ISBN: 0197616542
Category :
Languages : en
Pages : 337
Get Book Here
Book Description
"Twenty years ago, when The Politics of Force was first published, the issue of police brutality was rarely covered in the news. This book was inspired by events following the Los Angeles Police Department's brutal treatment of Rodney King, a Black motorist whose beating by LAPD officers was captured from the balcony of a nearby resident, George Holliday, who happened to have a video camera (this, of course, was in the era before digital phones). First aired by a local television station, scenes from that videotape were shown repeatedly on national news outlets for weeks, giving rise to an unprecedented public reaction. "When George Holliday's video surfaced," one Black journalist observed, "it signaled to a lot of citizens just how bad police violence visited upon marginalized communities actually was" (Smith 2015). The officers' subsequent trial and acquittal, and the uprising in Los Angeles that followed, kept the issues of race and policing in the news for many weeks. That tumult was eventually replaced by relative silence on the issue, occasionally punctuated by news coverage of other violent police-citizen encounters, such as the brutal NYPD assault on Haitian immigrant Abner Louima in 1997 and the death of Guinean immigrant Amadou Diallo in 1999, hit with 19 bullets fired by NYPD officers. But as is the case with other policy problems not championed by elites, coverage of police brutality was limited, sporadic, and largely tied to the occasional incident that became a major news story. Then, in the summer of 2014, 18-year-old Michael Brown was shot by a white police officer in Ferguson, Missouri. Though what exactly lead up to Brown's death may have been unclear, the aftermath was captured on a bystander' cell phone video. It showed Brown's body left uncovered and unattended, face-down in the street, while neighbors grew agitated and police seemed to mill casually about. Suddenly, the issue again became national news. Brown's death and the intense social media activity and protest it evoked within and beyond Ferguson prompted another, more prolonged and more searing national argument about police brutality"--
Author: Arthur Ripstein
Publisher: Oxford University Press
ISBN: 0197604226
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
Author: Ester Herlin-Karnell
Publisher:
ISBN: 9780197519110
Category : Constitutional law
Languages : en
Pages :
Get Book Here
Book Description
"The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. Modern states' authority claims and their exercise of power and sovereignty span a spectrum from the most stringently and explicitly codified- the constitutional level- to the most fluid and turbulent- acts of war. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--
