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The Public Uses of Coercion and Force: From Constitutionalism to War

The Public Uses of Coercion and Force: From Constitutionalism to War

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780197519103
  • 出版时间 October 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
HKD 1,437.50
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.

    The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.

  • Part One
    1. Introduction
    Ester Herlin-Karnell and Enzo Rossi
    2. A Semi-Kantian Just War Theory
    Yitzhak Benbaji
    3. Might and Right: Ripstein, Kant and the Paradox of Peace
    Rainer Forst
    4. Reading Kant's Rechtslehre: Some Observations on Ripstein's Kant and the Law of War
    Thomas Mertens
    5. The Moral Basis of State Independence
    Anna Stilz
    6. Vulnerability, Space, Communication: Three Conditions of Adequacy for Cosmopolitan Right
    Peter Niesen
    7. Three Models of Territory: Arthur Ripstein on the Territorial Rights of States
    Alice Pinheiro Walla
    8. A Kantian Defense of Remedial Wars
    Alon Harel
    9. National Defense and the Value of Independence
    Massimo Renzo
    Part Two
    10. Exactitude and Indemonstrability in Kant's Doctrine of Right
    Katrin Flikschuh
    11. The Right to Wage Private Wars of Subsistence: Its Nature, Grounds, and Place in Revisionist Just War Theories
    Johan Olsthoorn
    12. Between Wormholes and Blackholes: A Kantian (Ripsteinian) Account of Human Rights in War
    Aravind Ganesh
    13. Kant and the Criminal Law of War
    Malcolm Thorburn
    14. EU Solidarity as Collective Self-Defense?: Constitutionalism and the Public Uses of Force
    Ester Herlin-Karnell
    15. Europe's Cosmopolitan Union: A Kantian Reading of EU Internal Market Law and the Refugee Crisis
    Bertjan Wolthuis and Luigi Corrias
    Part Three
    16. From Constitutionalism to War—and Back Again: A Reply
    Arthur Ripstein

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