Of War and Law

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 battle-space 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.

ISBN 0691128642   Pages 206 ISBN13 9780691128641 (What's this?)   Volumes 1 Publisher Princeton University Press   Weight (grammes) 399 Imprint Princeton University Press   Published in New Jersey Format Hardback   Height (mm) 216 Publication date 21 Aug 2006   Width (mm) 140 Library of Congress 2006012483   Spine width (mm) 22 DEWEY 341.6   Academic level Professional / Scholarly, Tertiary education DEWEY edition DC22

		Introduction : war today		1
1		War as a legal institution		13
		The political context for war
		13
		Professional war		27
		Law as the landscape for war		33
		Law and the legitimacy of military operations		39
2		The historical context : how did we get here?		46
		International law before the rise of modern war and statecraft		47
		Law meets modern warfare		56
		Changes in legal thought : an opening for humanitarianism		64
		International institutions and the rise of a modern law of force		68
		Legal realism and the transformation of the law in war		83
3		War by law		99
		Battle in the shadow of sharp distinctions and outsider ethics : traces of the premodern legal order		100
		Modern law and modern war : problems of strategy legal war and the elusive experience of responsibility		141

The provocative new 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. -- Bill Ibelle, Harvard Law Bulletin This powerful work by a Harvard legal scholar probes the modern transformation of warfare and the growing 'merger' of the 'professional vernaculars' of military force and law... This is an original contribution to the debate about the perils of liberal democracy in an age of limited but unending war. -- G. John Ikenberry, Foreign Affairs In this provocative and timely book, Professor David Kennedy probes the relationship between war and law, incisively unraveling two concepts that have become increasingly intertwined since the Second World War ... offering lessons for politicians and citizens alike. -- "Harvard Law Review Kennedy's [book] is an innovative and provocative assessment of the contemporary uses of the laws of war. [It] makes an utterly invaluable contribution to our understanding of the role of legal ideas in regulating, constituting and debating the use of force. -- Alex J. Bellamy, International Affairs Kennedy is always an interesting thinker and writer and the themes he deals within this book are fascinating... Kennedy's points should be studied and his effort to disentangle the web of law, war and politics should be wholeheartedly supported and furthered. In this sense, Of War and Law can be viewed as an interesting contribution to a useful and intriguing debate. -- Ioannis Kalpouzos, Journal of Conflict & Security Law Kennedy's emphasis on ethics and politics is a welcome respite from the excesses of legal categories, all the more so coming from a humanitarian professional. Indeed, he wants to return the experience of responsibility to violent conflict--and to all participants. His thoughtful book is a laudable contribution in that direction. -- Christian R. Donath, The European Legacy Readers who plow through this brief book will be rewarded with unique insights concerning modern law of armed conflict (LOAC)... This is a thoughtful and intelligent hook, with a significant point. The epilogue is particularly well-done. -- Gary Solis, Journal of Military History

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