Military necessity, the art, morality and law of war, Nobuo Hayashi
Type
Label
Military necessity, the art, morality and law of war, Nobuo Hayashi
Language
eng
Index
index present
Literary Form
non fiction
Main title
Military necessity
Medium
electronic resource
Nature of contents
dictionaries
Oclc number
1117318548
Responsibility statement
Nobuo Hayashi
Series statement
Cambridge Social Sciences eBooks
Sub title
the art, morality and law of war
Summary
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.--, Provided by publisher
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