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Of War and Law


ISBN13: 9780691128641
ISBN: 0691128642
Published: August 2006
Publisher: Princeton University Press
Country of Publication: USA
Format: Hardback
Price: £28.00



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This provocative book, Of War and Law is a cautionary tale of what can go wrong when military leaders and outside observers use legal language as a substitute for independent ethical thinking. According to Kennedy, the military's increasing reliance on the law creates the illusion that there is an objective way to balance civilian lives and military goals.

It relieves the decider of responsibility for judgment. Kennedy traces the evolving relationship of law and warfare as the boundaries between war and peace have steadily grown less distinct.

Subjects:
International Criminal Law
Contents:
Acknowledgments
Introduction: War Today
Chapter 1: War as a Legal Institution
The Political Context for War
Professional War
Law as the Landscape for War
Law and the Legitimacy of Military Operations
Chapter 2: The Historical Context: How Did We Get Here?
International Law before the Rise of Modern War and Statecraft
Law Meets Modern Warfare
Changes in Legal Thought: An Opening for Humanitarianism
International Institutions and the Rise of a Modern Law of Force 68 Legal Realism and the Transformation of the Law in War
Chapter 3: War by Law
Battle in the Shadow of Sharp Distinctions and Outsider Ethics: Traces of the Premodern Legal Order
Modern Law and Modern War: Problems of Strategy
Legal War and the Elusive Experience of Responsibility

Epilogue
Notes
Index