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
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.
"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
Ask a Question About this Product More... |