Of War and Law

ISBN: 9780691128641 出版年：2009 页码：205 Kennedy, David Princeton University Press

Acknowledgments ix Introduction: War Today 1 Chapter 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 Chapter 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 Chapter 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 111 Legal War and the Elusive Experience of Responsibility 141 Epilogue 165 Notes 173 Index 179