eBook - PDF
Law, War and the Penumbra of Uncertainty
Legal Cultures, Extra-legal Reasoning and the Use of Force
- 376 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
Law, War and the Penumbra of Uncertainty
Legal Cultures, Extra-legal Reasoning and the Use of Force
About this book
This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
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Information
Table of contents
- Cover
- Praise for Law, War and the Penumbra of Uncertainty
- Half-title page
- Title page
- Copyright page
- Contents
- List of Figures
- Acknowledgements
- 1 Introduction: Investigating Law, War and the Penumbra of Uncertainty
- Part I Varieties of Uncertainty in the Jus Ad Bellum
- Part II The International Court of Justice, UK-Based Lawyers and the Jus Ad Bellum
- Part III Managing Uncertainty: Reconciling Legal and Extra-legal Reasoning
- Bibliography
- Index
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Yes, you can access Law, War and the Penumbra of Uncertainty by Sam Selvadurai 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.