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Full-Text Articles in Law
Good Selves And Just Wars, John Coons
The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison
The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison
David Brian Dennison
This paper presents conceptions from the Christian tradition that have special resonance modern International Humanitarian Law. The object of this paper supplies a lens that enables readers to detect the formative influence of unique Christian concepts. The conceptions from the Christian tradition presented include the Augustinian perspective on mortal and eternal life, the conception of a fallen world contrasted with a utopian vision, love as a motivation for peace, an expansive view of human community, the concept of role appropriate morality and the significance of outward signs and symbolism in the context of armed conflict.
History And The Characterization Of Law: Just War And Other Legal Things In The Age Of Positivism, John Lunstroth
History And The Characterization Of Law: Just War And Other Legal Things In The Age Of Positivism, John Lunstroth
John Lunstroth
If what is important in our affairs is that we know the truth, then are there present things about which we must know the past in order to know the truth? I argue there are, and that one category of those things is legal things, the law. By law I mean political theory, justice, right, rights, positive law and ethics; and all of the various ways those things have been understood by jurists. The way we reason about the law radically changed in the Enlightenment. By the end of the 18th century science and positivism as general methods of reason …
Towards A Synthesis Between Islamic And Western Jus In Bello, Jacob Turner
Towards A Synthesis Between Islamic And Western Jus In Bello, Jacob Turner
Jacob Turner
In the body of international humanitarian law (‘IHL’), there is a lacuna regarding the status of combatants engaged in asymmetric warfare. This has arisen, at least in part, out of a failure to establish a satisfactory distinction between civilians and combatants reflecting the nature of such conflicts and commanding the respect of parties to them. The recent killing of Osama Bin Laden by US Special Forces Operatives has provided publicity to the debates regarding the legal status of irregular combatants. Some have claimed that Bin Laden ought to have been captured alive and tried in a court. The US administration …