Defending Humanity: When Force is Justified and Why

Author:   George Fletcher (Professor of Law, Professor of Law, Columbia University) ,  Jens Ohlin (Assistant Professor of Law, Assistant Professor of Law, Cornell University)
Publisher:   Oxford University Press Inc
ISBN:  

9780195183085


Pages:   288
Publication Date:   20 March 2008
Format:   Hardback
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Defending Humanity: When Force is Justified and Why


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Author:   George Fletcher (Professor of Law, Professor of Law, Columbia University) ,  Jens Ohlin (Assistant Professor of Law, Assistant Professor of Law, Cornell University)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.60cm , Height: 2.80cm , Length: 16.00cm
Weight:   0.584kg
ISBN:  

9780195183085


ISBN 10:   0195183088
Pages:   288
Publication Date:   20 March 2008
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Introduction 1. Murder Among Nations 2. How to Talk Self Defense 3. A Theory of Legitimate Defense 4. The Six Elements of Legitimate Defense 5. Excusing International Aggression 6. Humanitarian Intervention 7. Preemptive and Preventive Wars 8. The Collective Dimension of War Conclusion

Reviews

With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden<br> The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life<br> Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views. --Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law.<br>


Defending Humanity may be viewed as a protracted and fascinating effort to show that certain intuitive conclusions regarding the use of international force are justified and reinforced by international law...Fletcher and Ohlin serve up much thoughtful discussion and a number of fascinating historical opinions and observations...Upon completing the book, I felt a bond of kinship with the authors and an appreciation for their willingness to undertake such a worthy exploration. --International Journal of World Peace With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views. --Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law. The two Columbia professors provide a carefully thought out set of guidelines on what counts as 'defense, ' when humanitarian interventions are legitimate, why preemptive and preventive wars are almost always impossible, ...and much more. Carefully reasoned from the standpoint of those who still rely on violence to achieve national ends, this book should become a classic for the foreign policy 'realists.' --Tikkun A stimulating and provocative book, deserving a wide readership and a central place in debates about the role of military force in international affairs...an excellent, thought-provoking, and, not least, timely book. Its main line of argument concerning the defensive use of military force draws on notions of self-defense found in several traditions of domestic law, and does so in original and insightful ways. The result is a much more fine-grained notion of self-defense in international law than what figures in most current debates. --Ethics & International Affairs Fletcher and Ohlin present us with a valuable and significant contribution to theories and arguments about the use of force in international law. They formulate a coherent set of principles be which the legitimacy of defensive actions can be tested which bridge the divide between philosophy and legal theory. --Charlotte Peevers, PhD Candidate, London School of Economics Defending Humanity may be viewed as a protracted and fascinating effort to show that certain intuitive conclusions regarding the use of international force are justified and reinforced by international law...Fletcher and Ohlin serve up much thoughtful discussion and a number of fascinating historical opinions and observations...Upon completing the book, I felt a bond of kinship with the authors and an appreciation for their willingness to undertake such a worthy exploration. --International Journal of World Peace With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views. --Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law. The two Columbia professors provide a carefully thought out set of guidelines on what counts as 'defense, ' when humanitarian interventions are legitimate, why preemptive and preventive wars are almost always impossible, ...and much more. Carefully reasoned from the standpoint of those who still rely on violence to achieve national ends, this book should become a classic for the foreign policy 'realists.' --Tikkun A stimulating and provocative book, deserving a wide readership and a central place in debates about the role of military force in international affairs...an excellent, thought-provoking, and, not least, timely book. Its main line of argument concerning the defensive use of military force draws on notions of self-defense found in several traditions of domestic law, and does so in original and insightful ways. The result is a much more fine-grained notion of self-defense in international law than what figures in most current debates. --Ethics & International Affairs Fletcher and Ohlin present us with a valuable and significant contribution to theories and arguments about the use of force in international law. They formulate a coherent set of principles be which the legitimacy of defensive actions can be tested which bridge the divide between philosophy and legal theory. --Charlotte Peevers, PhD Candidate, London School of Economics With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Je With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views. --Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law. With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A mustread. --Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense.They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure. --Jeff McMahan, author of TheEthics of Killing: Problems at the Margins of Life


Author Information

George P. Fletcher, Professor of Law at Columbia University, is one of the preeminent scholars of criminal law in the English language. His Rethinking Criminal Law (OUP 2000) and The Grammar of Criminal Law (OUP 2007) are regarded as the leading works in the theory of criminal law and comparative criminal law. Jens David Ohlin is Assistant Professor of Law at Cornell University. He is an expert in international criminal law and has published articles on subjects ranging from genocide, war crimes, conspiracy, international law and human rights.

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