Between Crime and War - Hybrid Legal Frameworks for Asymmetric Conflict (Hardcover)

The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one. The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.

General

Imprint:	Oxford UniversityPress
Country of origin:	United States
Series:	ETHICS NATIONAL SECURITY RULE LAW SERIES
Release date:	December 2022
Editors:	Jens David Ohlin (Allan R. Tessler Dean and Professor of Law) • Claire Finkelstein (Algernon Biddle Professor of Law and Professor of Philosophy, Founder and Director of the Center for Ethics and the Rule of Law) • Christopher J. Fuller (Associate Professor of Modern U.S. Foreign Policy, Head of Admissions) • Mitt Regan (McDevitt Professor of Jurisprudence, Co-Director, Center on National Security and the Law, Director, Center on the Legal Profession,)
Dimensions:	235 x 156mm (L x W)
Format:	Hardcover
Pages:	584
ISBN-13:	978-0-19-763879-8
Categories:	Books > Social sciences > Politics & government > Political activism > Armed conflict Books > Law > International law > Settlement of international disputes > International arbitration Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN:	0-19-763879-1
Barcode:	9780197638798

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