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Military, War, and Peace

Columbia Law School

Series

2009

Rationale of war

Articles 1 - 1 of 1

Full-Text Articles in Law

Is Justice Relevant To The Law Of War, George P. Fletcher Jan 2009

Is Justice Relevant To The Law Of War, George P. Fletcher

Faculty Scholarship

Intellectual work on the law of war suffers from chronic isolation. The commentators on the Rome Statute are international lawyers who pay no attention to the work either of theoretical criminal lawyers or of the philosophers. The philosophers – Jeff McMahan as an outstanding example – ignore the legal details that dominate the books of the international lawyers. Criminal lawyers have much to contribute to the discussion of international law, but they seem not to be interested. Writers with limited audiences, living in closed worlds, are unaware of what they have to learn from those with a different take on …