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Reprint of the sole edition of this translation. In this momentous work Grotius describes the situations in which war is a valid tool of law enforcement and outlines the principles of armed combat. Though based on Christian natural law, Grotius advanced the novel argument that his system would still be valid if it lacked a divine basis. In this regard he pointed to the future by moving international law in a secular direction. This edition was abridged by removing most of the quotations from "ancient historians, orators, philosophers, and poets," which are identified in footnotes. As Whewell states in the preface, they tended to "confuse the subject, obscure the reasoning, and weary the reader." By removing them he enhanced clarity and reduced the bulk of the work by "more than a half" (vi). Hugo Grotius [1583-1645], generally acknowledged as the founder of international law, was an influential Dutch jurist, philosopher and theologian. Originally published in 1625, De Jure Belli ac Pacis (On the Law of War and Peace, translated by Whewell as On the Rights of War and Peace) is widely considered to be the first modern treatise on international law. William Whewell [1794-1866] wrote on numerous subjects and is known for the breadth of his endeavors, and his influence on the philosophy of science. He was one of the founding members and an early president of the British Association for the Advancement of Science, a fellow of the Royal Society, president of the Geological Society, and longtime Master of Trinity College, Cambridge.
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Explains how existing and proposed law seek to tackle challenges posed by new and emerging technologies in war and peace.
This book delves into legal and ethical concerns over the increased weaponization of outer space and the potential for space-based conflict in the very near future. Unique to this collection is the emphasis on questions of ethical conduct and legal standards applicable to military uses of outer space. No other existing publication takes this perspective, nor includes such a range of interdisciplinary expertise. The essays included in this volume explore the moral and legal issues of space security in four sections. Part I provides a general legal framework for the law of war and peace in space. Part II tackles ethical issues. Part III looks at specific threats to space security. Part IV proposes possible legal and diplomatic solutions. With an expert author team from North American and Europe, the volume brings together academics, military lawyers, military space operators, aerospace industry representatives, diplomats, and national security and policy experts. The experience of this team provides a collection unmatched in any academic publication broaching even some of these issues and will be required reading for anyone interested in war and peace in outer space.
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
“This lively appreciation of one of the most intimidating and massive novels ever written should persuade many hesitant readers to try scaling the heights of War and Peace sooner rather than later” (Publishers Weekly). Considered by many critics the greatest novel ever written, War and Peace is also one of the most feared. And at 1,500 pages, it’s no wonder why. Still, in July 2009 Newsweek put War and Peace at the top of its list of 100 great novels and a 2007 edition of the AARP Bulletin included the novel in their list of the top four books everybody should read by the age of fifty. A New York Times survey from 2009 identified Warand Peace as the world classic you’re most likely to find people reading on their subway commute to work. What might all those Newsweek devotees, senior citizens, and harried commuters see in a book about the Napoleonic Wars in the early 1800s? War and Peace is many things. It is a love story, a family saga, a war novel. But at its core it’s a novel about human beings attempting to create a meaningful life for themselves in a country torn apart by war, social change, political intrigue, and spiritual confusion. It is a mirror of our times. Give War and Peace a Chance takes readers on a journey through War and Peace that reframes their very understanding of what it means to live through troubled times and survive them. Touching on a broad range of topics, from courage to romance, parenting to death, Kaufman demonstrates how Tolstoy’s wisdom can help us live fuller, more meaningful lives. The ideal companion to War and Peace, this book “makes Tolstoy’s characters lively and palpable…and may well persuade readers to finally dive into one of the world’s most acclaimed—and daunting—novels” (Kirkus Reviews).