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The Laws of War in International Thought (Hardcover)
Loot Price: R3,809
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The Laws of War in International Thought (Hardcover)
Series: The History and Theory of International Law
Expected to ship within 12 - 17 working days
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The Law of Armed Conflict is usually understood to be a regime of
exception that applies only during armed conflict and regulates
hostilities among enemies. It assigns privileges to states far
beyond what they are allowed to do in peacetime, and it mandates
certain protections for non-combatants, which can often be defeated
by appeals to military necessity or advantage. The Laws of War in
International Thought examines the intellectual history of the laws
of war before their codification. It reconstructs the processes by
which political and legal theorists built the laws' distinctive
vocabularies and legitimized some of their broadest permissions,
and it situates these processes within the broader intellectual
project that from early modernity spelled out the nature, function,
and powers of state sovereignty. The book focuses on four
historical moments in the intellectual history of the laws of war:
the doctrine of just war in Spanish scholasticism; Hugo Grotius's
theory of solemn war; the Enlightenment theory of regular war; and
late nineteenth-century humanitarianism. By looking at these
moments, Pablo Kalmanovitz shows how challenging and polemical it
has been for international theorists to justify the exceptional and
permissive character of the laws of war. In this way, he
contributes to recover a sense of the historical foundations and
many still problematic aspects of the Law of Armed Conflict.
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