- 454 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
About this book
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
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Table of contents
- Cover
- Half-title
- Title page
- Copyright information
- Dedication
- Contents
- Acknowledgements
- List of Treaties and Associated Instruments
- Table of Cases
- List of Abbreviations
- Part I Introduction
- Part II Military Necessity in Its Material Context
- Part III Military Necessity in Its Normative Context
- Part IV Military Necessity in Its Juridical Context
- Part V Conclusion
- Select Bibliography
- Index
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Yes, you can access Military Necessity by Nobuo Hayashi in PDF and/or ePUB format, as well as other popular books in Law & International Law. We have over 1.5 million books available in our catalogue for you to explore.