La doctrine de la guerre juste PDF Download

Author: Robert Hubert Willem Regout
Publisher:
ISBN:
Category :
Languages : fr
Pages :

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Author: Frederick H. Russell
Publisher: Cambridge University Press
ISBN: 9780521292764
Category : History
Languages : en
Pages : 350

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The first systematic attempt to reconstruct from original manuscript sources and early printed books the medieval doctrines relating to the just war, the holy war and the crusade. Despite the frequency of wars and armed conflicts throughout the course of western history, no comprehensive survey has previously been made of the justifications of warfare that were elaborated by Roman lawyers, canon lawyers and theologians in the twelfth and thirteenth century universities. After a brief survey of theories of the just war in antiquity, with emphasis on Cicero and Augustine, and of thought on early medieval warfare, the central chapters are devoted to scholastics such as Pope Innocent IV, Hostiensis and Thomas Aquinas. Professor Russell attempts to correlate theories of the just war with political and intellectual development in the Middle Ages. His conclusion evaluates the just war in the light of late medieval and early modern statecraft and poses questions about its compatibility with Christian ethics and its validity within international law.

Author: Thomas L. Pangle
Publisher: Lawrence, Kan. : University Press of Kansas
ISBN:
Category : Philosophy
Languages : en
Pages : 384

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This text provides an introduction to conceptions of international justice, spanning 2500 years of intellectual history from Thucydides and Plato to Morgenthau and Waltz. It shows how older traditions of political philosophy remain relevant to contemporary debates in international relations.

Author: Phillip Wynn
Publisher: Fortress Press
ISBN: 1451464738
Category : Religion
Languages : en
Pages : 375

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Did our modern understanding of just war originate with Augustine? In this sweeping reevaluation of the evidence, Phillip Wynn uncovers a nuanced story of Augustines thoughts on war and military service, and gives us a more complete and complex picture of this important topic. Deeply rooted in the development of Christian thought this reengagement with Augustine is essential reading.

Author: Pablo Kalmanovitz
Publisher: Oxford University Press
ISBN: 0192507400
Category : Law
Languages : en
Pages : 209

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The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 9780521662055
Category : History
Languages : en
Pages : 466

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This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.

Author: Maurice Keen
Publisher: Routledge
ISBN: 1317397584
Category : History
Languages : en
Pages : 238

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Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

Author: Tarcisio Gazzini
Publisher: Routledge
ISBN: 1351539779
Category : History
Languages : en
Pages : 649

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This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 1782258817
Category : Law
Languages : en
Pages : 511

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This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

Author: Marcelo Kohen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203052
Category : Law
Languages : en
Pages : 503

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Book Description
This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.