Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
States Of War: Defensive Force Among Nations (Reviewing George P. Fletcher & Jens David Ohlin, Defending Humanity: When Force Is Justified And Why (2008)), Guyora Binder
Book Reviews
In "Defending Humanity: When Force is Justified and Why," George Fletcher and Jens Ohlin analogize international defensive force to individual self-defense. Based on this analogy, Fletcher and Ohlin justify a presumptive right on the part of every state to intervene against aggression, and a right of humanitarian intervention in support of national groups but not populations. They oppose reprisals, preemptive defense, and resistance to invading armies by irregular troops. This review essay argues that the relative weakness of the Security Council, the unequal power of states, and the contingency of international recognition on effective force all undermine the analogy between …
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Journal Articles
Numerous scandals arising from the United States government’s increased use of armed private military contractors have drawn attention to the contractors’ legally ill-defined position. But the complexity of the contractors’ relation to various bodies of law and doctrine — including military law, international law, state tort law, employment law, and sovereign immunity — is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans’ imaginings about those who kill and are killed on behalf of the nation. This Article examines the contractors’ relation to the tradition of …