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Defending Humanity

Defending Humanity Author George P. Fletcher
ISBN-10 9780198040354
Release 2013-02-01
Pages 288
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In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.



Targeted Killings

Targeted Killings Author Claire Finkelstein
ISBN-10 9780199646487
Release 2012-03-01
Pages 496
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The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.



Human Rights and Personal Self Defense in International Law

Human Rights and Personal Self Defense in International Law Author Jan Arno Hessbruegge
ISBN-10 9780190655020
Release 2017-01-10
Pages 400
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Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.



The Ethics of War and Peace

The Ethics of War and Peace Author Helen Frowe
ISBN-10 9781317370604
Release 2015-10-16
Pages 280
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The Ethics of War and Peace is a lively introduction to one of the oldest but still most relevant ethical debates. Focusing on the philosophical questions surrounding the ethics of modern war, Helen Frowe presents contemporary just war theory in a stimulating and accessible way. This 2nd edition includes new material on weapons and technology, and humanitarian intervention, in addition to: theories of self-defence and national defence jus ad bellum, jus in bello and jus post bellum the moral status of combatants the principle of non-combatant immunity and the nature of terrorism and the moral status of terrorists. Each chapter uses examples and concludes with a summary, discussion questions and suggestions for further reading to aid student engagement, learning and revision. The glossary has been expanded to cover the full range of relevant terminology. This is the ideal textbook for students of philosophy and politics approaching this important area for the first time.



When Deadly Force Is Involved

When Deadly Force Is Involved Author Bruce M. Lawlor
ISBN-10 9781442275294
Release 2017-03-17
Pages 304
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Misinformation about self-defense rights and laws is what has sparked major debate over the misapplication of lethal force in civilian communities. Bruce Lawlor identifies the major issues in self-defense cases, and the legal approaches used to resolve them. The result is less confusion and greater understanding of what self-defense is, and how to go about determining if a homicide is self-defense or murder.



Human Rights and Personal Self Defense in International Law

Human Rights and Personal Self Defense in International Law Author Jan Arno Hessbruegge
ISBN-10 9780190655020
Release 2017-01-10
Pages 400
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Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.



Body Soul

Body   Soul Author J. P. Moreland
ISBN-10 9780830874590
Release 2009-09-20
Pages 384
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While most people throughout history have believed that we are both physical and spiritual beings, the rise of science has called into question the existence of the soul. Many now argue that neurophysiology demonstrates the radical dependence, indeed, identity, between mind and brain. Advances in genetics and in mapping human DNA, some say, show there is no need for the hypothesis of body-soul dualism. Even many Christian intellectuals have come to view the soul as a false Greek concept that is outdated and unbiblical. Concurrent with the demise of dualism has been the rise of advanced medical technologies that have brought to the fore difficult issues at both edges of life. Central to questions about abortion, fetal research, reproductive techologies, cloning and euthanasia is our understanding of the nature of human personhood, the reality of life after death and the value of ethical or religious knowledge as compared to scientific knowledge. In this careful treatment, J. P. Moreland and Scott B. Rae argue that the rise of these problems alongside the demise of Christian dualism is no coincidence. They therefore employ a theological realism to meet these pressing issues, and to present a reasonable and biblical depiction of human nature as it impinges upon critical ethical concerns. This vigorous philosophical and ethical defense of human nature as body and soul, regardless of whether one agrees or disagrees, will be for all a touchstone for debate and discussion for years to come.



The Better Angels of Our Nature

The Better Angels of Our Nature Author Steven Pinker
ISBN-10 9780143122012
Release 2012-09
Pages 802
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Presents a controversial history of violence which argues that today's world is the most peaceful time in human existence, drawing on psychological insights into intrinsic values that are causing people to condemn violence as an acceptable measure.



International Law and New Wars

International Law and New Wars Author Christine Chinkin
ISBN-10 9781316764534
Release 2017-04-19
Pages
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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.



In Defence of War

In Defence of War Author Nigel Biggar
ISBN-10 9780191652943
Release 2013-09-12
Pages 384
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Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice. Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.



Stand Your Ground

Stand Your Ground Author Caroline Light
ISBN-10 9780807064665
Release 2017
Pages 225
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Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement -- and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for "good guys with guns" relies on the entrenched belief that certain "bad guys with guns" threaten us all. This book explores the development of the American right to self-defense and reveals how the original "duty to retreat" from threat was transformed into a selective right to kill. Light traces white America's attachment to racialized, lethal self-defense by unearthing its complex legal and social histories -- from the original "castle laws" of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of "criminal" Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country's most powerful lobbying forces.



Humanitarian Imperialism

Humanitarian Imperialism Author Jean Bricmont
ISBN-10 9781583674888
Release 2006-11-01
Pages 176
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Since the end of the Cold War, the idea of human rights has been made into a justification for intervention by the world's leading economic and military powers—above all, the United States—in countries that are vulnerable to their attacks. The criteria for such intervention have become more arbitrary and self-serving, and their form more destructive, from Yugoslavia to Afghanistan to Iraq. Until the U.S. invasion of Iraq, the large parts of the left was often complicit in this ideology of intervention—discovering new “Hitlers” as the need arose, and denouncing antiwar arguments as appeasement on the model of Munich in 1938. Jean Bricmont’s Humanitarian Imperialism is both a historical account of this development and a powerful political and moral critique. It seeks to restore the critique of imperialism to its rightful place in the defense of human rights. It describes the leading role of the United States in initiating military and other interventions, but also on the obvious support given to it by European powers and NATO. It outlines an alternative approach to the question of human rights, based on the genuine recognition of the equal rights of people in poor and wealthy countries. Timely, topical, and rigorously argued, Jean Bricmont’s book establishes a firm basis for resistance to global war with no end in sight.



A Crime of Self Defense

A Crime of Self Defense Author George P. Fletcher
ISBN-10 0226253341
Release 1990-06-15
Pages 272
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Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.



Killing in War

Killing in War Author Jeff McMahan
ISBN-10 9780191563461
Release 2009-04-23
Pages 272
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Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.



The Selfish Gene

The Selfish Gene Author Richard Dawkins
ISBN-10 0192860925
Release 1989
Pages 352
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An ethologist shows man to be a gene machine whose world is one of savage competition and deceit



The Ethics of Self Defense

The Ethics of Self Defense Author Associate Professor of Philosophy Christian Coons
ISBN-10 9780190206086
Release 2016-06-01
Pages 344
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The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy.



Self Defence in Criminal Law

Self Defence in Criminal Law Author Boaz Sangero
ISBN-10 9781847312747
Release 2006-07-24
Pages 394
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This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.