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Full-Text Articles in Legal History

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo Dec 2014

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

A distinctive feature of Carl Schmitt’s legal thinking is the pivotal role that he grants political community. Against the background of Schmitt’s particular conception of political community and the importance placed on its protection in a domestic law setting; this text highlights the imperative role of political community in Schmitt’s thinking on questions of international law. By consistently relating Schmitt’s work on international law to his own time but also stretching it into our own, the text argues that while Schmitt’s insistence on political community may come across as parochial in present times of globalization, increasing traction of various universalisms …


The Life And Times Of Targeted Killing, Markus Gunneflo Dec 2013

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …