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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Law and Morality at War


ISBN13: 9780199687398
To be Published: January 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £50.00



The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime?

These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.

Subjects:
Jurisprudence
Contents:
1: Introduction
2: Law and Morality
3: Civilians
4: Combatants
5: Distinction
6: Discrimination
7: Precautions
8: Proportionality
9: Human Shields
10: War Crimes
Appendix: Revisionism

Series: Oxford Legal Philosophy

Imposing Risk: A Normative Framework ISBN 9780199594054
To be published May 2017
Oxford University Press
£34.99
The Nature of Legislative Intent ISBN 9780198766209
Published February 2016
Oxford University Press
£19.99
Why Law Matters ISBN 9780198766216
Published October 2015
Oxford University Press
£19.99
Conscience and Conviction: The Case for Civil Disobedience ISBN 9780198759461
Published October 2015
Oxford University Press
£19.99
Why Law Matters ISBN 9780199643271
Published February 2014
Oxford University Press
£36.99
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199681914
Published June 2013
Oxford University Press
£22.49
Conscience and Conviction: The Case for Civil Disobedience ISBN 9780199592944
Published October 2012
Oxford University Press
£38.99
Conscience and Conviction: The Case for Civil Disobedience (eBook) ISBN 9780191645921
Published October 2012
Oxford University Press
£16.66 + £3.33 VAT
(ePub)
Buy
The Nature of Legislative Intent ISBN 9780199646999
Published October 2012
Oxford University Press
£40.99
The Nature of Legislative Intent (eBook) ISBN 9780191645945
Published October 2012
Oxford University Press
£34.16 + £6.83 VAT
(ePub)
Buy
The Ends of Harm: The Moral Foundations of Criminal Law (eBook) ISBN 9780191018411
Published September 2011
Oxford University Press
£17.49 + £3.50 VAT
(ePub)
Buy
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199554423
Published September 2011
Oxford University Press
£61.00