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Law and Morality at War (Hardcover)
Loot Price: R2,961
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Law and Morality at War (Hardcover)
Series: Oxford Legal Philosophy
Expected to ship within 12 - 17 working days
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The laws are not silent in war, but what should they say? What is
the moral function of the law of armed conflict? Should the law
protect civilians who do not fight but help those who do? Should
the law protect soldiers who perform non-combat functions or who
may be safely captured? How certain should a soldier be that an
individual is a combatant rather than a civilian before using
lethal force? What risks should soldiers take on themselves to
avoid harming civilians? When do inaccurate weapons become
unlawfully indiscriminate? When does 'collateral damage' to
civilians become unlawfully disproportionate? Should civilians lose
their legal rights by serving, voluntarily or involuntarily, as
human shields? Finally, when should killing civilians constitute a
war crime? These are the questions that Law and Morality at War
answers, contributing to a cutting-edge international debate.
Drawing on the concepts and methods of contemporary moral and legal
philosophy, the book develops a normative framework within which
the laws of war and international criminal law can be evaluated,
criticized, and reformed. While several philosophical works
critically examine the moral status of civilians and combatants,
this book fills a gap, offering both an account of the laws of war
and war crimes, and proposing how the law could be improved from a
moral point of view.
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