Modern war is law pursued by other means. Once a bit player in
military conflict, law now shapes the institutional, logistical, and
physical landscape of war. At the same time, law has become a
political and ethical vocabulary for marking legitimate power and
justifiable death. As a result, the battlespace is as legally
regulated as the rest of modern life. In Of War and Law, David Kennedy
examines this important development, retelling the history of modern
war and statecraft as a tale of the changing role of law and the
dramatic growth of law's power. Not only a restraint and an ethical
yardstick, law can also be a weapon--a strategic partner, a force
multiplier, and an excuse for terrifying violence. Kennedy focuses on
what can go wrong when humanitarian and military planners speak the
same legal language--wrong for humanitarianism, and wrong for warfare.
He argues that law has beaten ploughshares into swords while
encouraging the bureaucratization of strategy and leadership. A
culture of rules has eroded the experience of personal decision-making
and responsibility among soldiers and statesmen alike. Kennedy urges
those inside and outside the military who wish to reduce the ferocity
of battle to understand the new roles--and the limits--of law. Only
then will we be able to revitalize our responsibility for war.
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Produktdetaljer
ISBN
9781400827367
Publisert
2013
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Antall sider
208
Forfatter