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Author: Eugene Davidson
Publisher: University of Missouri Press
ISBN: 9780826212016
Category : History
Languages : en
Pages : 356
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Book Description
Available for the first time in paperback, The Nuremberg Fallacy examines the inherent shortcomings of the Nuremberg "rules of war" and the War Crimes Tribunal's impossible expectations. In 1946, the Tribunal declared all aggressive war, war crimes, and crimes against humanity illegal. Yet the period since World War II has witnessed an unprecedented number of armed conflicts. In light of recent crises, including those in Rwanda, Bosnia and Serbia, and the Middle East, it is clear that the issues explored in The Nuremberg Fallacy are as relevant today as they were at the time of the book's first publication a quarter century ago. In this volume, Eugene Davidson continues his investigations begun in The Trial of the Germans (University of Missouri Press), which studied the Nuremberg trials themselves, by focusing on five major conflicts since the end of World War II: the Suez crisis of 1956; Algeria's war of independence; Israel's recurring (and ongoing) battles with its Arab neighbors, complicated and worsened by intervention of the superpowers; the wars in Southeast Asia; and the Soviet Union's suppression of Czechoslovakia and other border states of Eastern Europe. By exploring the roots and ramifications of these five conflicts, Davidson is able to chart the crosscurrents between large and small states, between individual nations and the United Nations, between the rules of Nuremberg and the significantly older rules of self- interest. The result is a thoughtful and thought-provoking study of the dynamics of war and peace in the post-Nuremberg world. The rules of war proclaimed at Nuremberg--observing the flag of truce, prohibiting attacks on surrendered enemies, treating prisoners of war and civilian populations humanely--have become virtually irrelevant in modern guerrilla warfare. If anything, Davidson suggests, conditions have actually become worse than they were before the Nuremberg War Crimes Tribunal. The continuing importance and relevance of The Nuremberg Fallacy is best summarized in the final sentences of Davidson's text: "The survival of a nation cannot be successfully entrusted to simplistic formulae or to principles that reflect unworkable doctrines. No computers have been programmed for the wisdom that remains essential for survival. People still have to provide that from their own inner and outer resources, no matter how far the weapons may seem to have outdistanced them."
Author: Eugene Davidson
Publisher: University of Missouri Press
ISBN: 9780826212016
Category : History
Languages : en
Pages : 356
Get Book Here
Book Description
Available for the first time in paperback, The Nuremberg Fallacy examines the inherent shortcomings of the Nuremberg "rules of war" and the War Crimes Tribunal's impossible expectations. In 1946, the Tribunal declared all aggressive war, war crimes, and crimes against humanity illegal. Yet the period since World War II has witnessed an unprecedented number of armed conflicts. In light of recent crises, including those in Rwanda, Bosnia and Serbia, and the Middle East, it is clear that the issues explored in The Nuremberg Fallacy are as relevant today as they were at the time of the book's first publication a quarter century ago. In this volume, Eugene Davidson continues his investigations begun in The Trial of the Germans (University of Missouri Press), which studied the Nuremberg trials themselves, by focusing on five major conflicts since the end of World War II: the Suez crisis of 1956; Algeria's war of independence; Israel's recurring (and ongoing) battles with its Arab neighbors, complicated and worsened by intervention of the superpowers; the wars in Southeast Asia; and the Soviet Union's suppression of Czechoslovakia and other border states of Eastern Europe. By exploring the roots and ramifications of these five conflicts, Davidson is able to chart the crosscurrents between large and small states, between individual nations and the United Nations, between the rules of Nuremberg and the significantly older rules of self- interest. The result is a thoughtful and thought-provoking study of the dynamics of war and peace in the post-Nuremberg world. The rules of war proclaimed at Nuremberg--observing the flag of truce, prohibiting attacks on surrendered enemies, treating prisoners of war and civilian populations humanely--have become virtually irrelevant in modern guerrilla warfare. If anything, Davidson suggests, conditions have actually become worse than they were before the Nuremberg War Crimes Tribunal. The continuing importance and relevance of The Nuremberg Fallacy is best summarized in the final sentences of Davidson's text: "The survival of a nation cannot be successfully entrusted to simplistic formulae or to principles that reflect unworkable doctrines. No computers have been programmed for the wisdom that remains essential for survival. People still have to provide that from their own inner and outer resources, no matter how far the weapons may seem to have outdistanced them."
Author: Hannah Arendt
Publisher: Penguin
ISBN: 1101007168
Category : Social Science
Languages : en
Pages : 337
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Book Description
The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.
Author: James Q. Whitman
Publisher: Princeton University Press
ISBN: 1400884632
Category : History
Languages : en
Pages : 223
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Book Description
How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Author: Mark J. Osiel
Publisher: Routledge
ISBN: 1351502565
Category : Social Science
Languages : en
Pages : 555
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Book Description
A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
Author: Bo Bennett
Publisher: eBookIt.com
ISBN: 1456607375
Category : Education
Languages : en
Pages : 429
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Book Description
This book is a crash course in effective reasoning, meant to catapult you into a world where you start to see things how they really are, not how you think they are. The focus of this book is on logical fallacies, which loosely defined, are simply errors in reasoning. With the reading of each page, you can make significant improvements in the way you reason and make decisions. Logically Fallacious is one of the most comprehensive collections of logical fallacies with all original examples and easy to understand descriptions, perfect for educators, debaters, or anyone who wants to improve his or her reasoning skills. "Expose an irrational belief, keep a person rational for a day. Expose irrational thinking, keep a person rational for a lifetime." - Bo Bennett This 2021 Edition includes dozens of more logical fallacies with many updated examples.
Author: Rudolf Bernhardt
Publisher: Elsevier
ISBN: 1483257002
Category : Social Science
Languages : en
Pages : 394
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Book Description
Encyclopedia of Public International Law, 4: Use of Force, War, and Neutrality Peace Treaties (N-Z) focuses on hostile inter-State relations and associated questions, as well as the use of force, war, neutrality, and peace treaties. The publication first elaborates on warships, wars of national liberation, war materials, laws of war, war correspondent, war and environment, Versailles Peace Treaty (1919), use of force, United Nations peacekeeping system, United Nations forces, and unfriendly act. The text then ponders on trading with the enemy, suspension of hostilities, surrender, submarine warfare, sequestration, self-preservation, self-defense, sea warfare, safety zones, safe-conduct and safe passage, resistance movements, requisitions, and reparations after World War II. The book examines relief actions, recognition of insurgency and belligerency, prisoners of war, threat to peace, peace treaties, means to safeguard peace, pacifism, occupation after armistice, nuclear tests, non-aggression pacts, and neutrality in air warfare, land warfare, and sea warfare. The text is a vital source of information for researchers interested in the use of force, war, and neutrality peace treaties.
Author: Marouf Arif Hasian
Publisher: Routledge
ISBN: 0429721625
Category : Political Science
Languages : en
Pages : 198
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Book Description
In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.
Author: Devin O. Pendas
Publisher: Cambridge University Press
ISBN: 1108915957
Category : History
Languages : en
Pages : 235
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Book Description
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.
Author: Lacy Pejcinovic
Publisher: Routledge
ISBN: 1135629005
Category : Political Science
Languages : en
Pages : 247
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Book Description
Is war an institution of international society and how is it constituted as such across the evolution of international society? This book is an inquiry into the purpose of war as a social institution, as originally put forward by Hedley Bull. It offers a comprehensive examination of what is entailed in thinking of war as a social institution and as a mechanism for order. Since the terrorist attacks of 9/11 the subject of war has become increasingly relevant, with questions about who can wage war against whom, the way war is fought, and the reasons that lead us to war exposing fundamental inadequacies in our theorisation of war. War has long been considered in the discipline of International Relations in the context of the problem of order. However, the inclusion of war as an ‘institution’ is problematic for many. How can we understand an idea and practice so often associated with coercion, destruction, and disorder as contributing to order and coexistence? This study contends that an understanding of the core elements that establish the character of war as an institution of modern international society will give us important insights into the purpose, if any, of war in contemporary international relations. This ground-breaking book will be of strong interest to students and scholars of international relations, international relations theory, the English school, security studies and warfare.
Author: Patrycja Grzebyk
Publisher: Routledge
ISBN: 1136001123
Category : Law
Languages : en
Pages : 409
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Book Description
Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
