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Legal History

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War

2019

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Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson Jan 2019

Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …