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Home > Law > Jurisprudence and general issues > Methods, theory and philosophy of law > The Public Uses of Coercion and Force: From Constitutionalism to War
The Public Uses of Coercion and Force: From Constitutionalism to War

The Public Uses of Coercion and Force: From Constitutionalism to War


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About the Book

The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.

Table of Contents:
Part One 1. Introduction Ester Herlin-Karnell and Enzo Rossi 2. A Semi-Kantian Just War Theory Yitzhak Benbaji 3. Might and Right: Ripstein, Kant and the Paradox of Peace Rainer Forst 4. Reading Kant's Rechtslehre: Some Observations on Ripstein's Kant and the Law of War Thomas Mertens 5. The Moral Basis of State Independence Anna Stilz 6. Vulnerability, Space, Communication: Three Conditions of Adequacy for Cosmopolitan Right Peter Niesen 7. Three Models of Territory: Arthur Ripstein on the Territorial Rights of States Alice Pinheiro Walla 8. A Kantian Defense of Remedial Wars Alon Harel 9. National Defense and the Value of Independence Massimo Renzo Part Two 10. Exactitude and Indemonstrability in Kant's Doctrine of Right Katrin Flikschuh 11. The Right to Wage Private Wars of Subsistence: Its Nature, Grounds, and Place in Revisionist Just War Theories Johan Olsthoorn 12. Between Wormholes and Blackholes: A Kantian (Ripsteinian) Account of Human Rights in War Aravind Ganesh 13. Kant and the Criminal Law of War Malcolm Thorburn 14. EU Solidarity as Collective Self-Defense?: Constitutionalism and the Public Uses of Force Ester Herlin-Karnell 15. Europe's Cosmopolitan Union: A Kantian Reading of EU Internal Market Law and the Refugee Crisis Bertjan Wolthuis and Luigi Corrias Part Three 16. From Constitutionalism to WarDLand Back Again: A Reply Arthur Ripstein

About the Author :
Ester Herlin-Karnell is Professor of EU law and EU criminal law at the University of Gothenburg, School of Law, Sweden. She was previously University Research Chair in EU Constitutional Law and Justice at the VU University Amsterdam, The Netherlands. Enzo Rossi is Associate Professor of political science at the University of Amsterdam, The Netherlands, and co-editor of the European Journal of Political Theory.

Review :
"This important collection of essays offers innovative and constructive analyses of some of the most fundamental aspects of state power. With contributions from leading moral, political and legal philosophers on topics ranging from territorial rights, refugees, and the resort to and conduct of war, its breadth, originality and quality commend it to all those with interests in these key components of political power." -- Helen Frowe, Professor of Practical Philosophy and Knut and Alice Wallenberg Scholar, Department of Philosophy, Stockholm University, Sweden "In 2021, Arthur Ripstein, arguably the most influential contemporary interpreter and exponent of Kant's political and legal theories, is publishing two major books that explicate, develop, and explore the practical implications of Kant's views on the morality and law of war. The essays in The Public Uses of Coercion and Force, written by leading moral, political, and legal theorists, analyze the arguments of both Kant and Ripstein with exemplary insight and rigour. Their arguments are illuminating not just for Kant scholars but for anyone seeking an enhanced understanding of the morality and law of war." -- Jeff McMahan, White's Professor of Moral Philosophy, University of Oxford, UK "Contemporary ethics of war focuses invariably on the divide between Walzarian Just War Theory and its revisionist alternative. This superb collection boldly breaks through the overdone "traditionalist v. revisionists" theme, offering a fresh look at the morality and legality of warfare from a Kantian perspective. Celebrating Arthur Ripstein's Kant and the Law of War, authors engage prominent scholars of law, moral philosophy and politics to debate the intricate relationship between states' internal and external use of force. This first-rate volume of original essays is highly recommended-reading for anyone concerned with these issues in war and peace." -- Tamar Meisels, Professor of Political Theory, Tel-Aviv University, Israel


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Product Details
  • ISBN-13: 9780197519103
  • Publisher: Oxford University Press Inc
  • Publisher Imprint: Oxford University Press Inc
  • Height: 152 mm
  • No of Pages: 360
  • Spine Width: 31 mm
  • Weight: 658 gr
  • ISBN-10: 0197519105
  • Publisher Date: 13 Oct 2021
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: From Constitutionalism to War
  • Width: 226 mm


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