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Preemption: Military Action and Moral Justification

Henry Shue and David Rodin (eds)

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.001.0001
Subject:
Political Science, Political Theory

The dramatic declaration by US President George W. Bush that, in light of the attacks on 9/11, the United States would henceforth be engaging in ‘preemption’ against such enemies as terrorists armed ... More


What Would a Justified Preventive Military Attack Look Like?

Henry Shue

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0010
Subject:
Political Science, Political Theory

This chapter discusses the characteristics of a justified preventive military action. These are that (i) it must be limited to the effective elimination, including the prevention of the return, of ... More


Preemption and Prevention in Historical Perspective

Hew Strachan

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0002
Subject:
Political Science, Political Theory

This chapter presents a historical perspective of pre-emption and prevention. Topics discussed include the Japanese attack on Pearl Harbor in 1941, Prussia's initiation of the Seven Years War in ... More


Preventive War and US Foreign Policy

Marc Trachtenberg

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0003
Subject:
Political Science, Political Theory

This chapter discusses US policy on preventive war. Following September 11, 2001, the Bush Administration established a new national security policy that was no longer based on the principle of ... More


On Getting One's Retaliation in First 1

Suzanne Uniacke

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0004
Subject:
Political Science, Political Theory

This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is ... More


The False Promise of Preventive War: The ‘New Security Consensus’ and a More Insecure World

Neta C. Crawford

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0005
Subject:
Political Science, Political Theory

This chapter begins by outlining the arguments for preventive war by an individual state, as articulated by the United States. It then outlines the argument for preventive war undertaken with the ... More


Justifying Preventive War

Allen Buchanan

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0006
Subject:
Political Science, Political Theory

This chapter attempts to strengthen the institutionalist approach to the justification of preventive war. It seeks to refute the claim that preventive war as such is unjust because it involves ... More


The Problem with Prevention 1

David Rodin

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0007
Subject:
Political Science, Political Theory

This chapter argues that there are profound moral problems with the doctrine of preventive war. The consequentialist approaches to preventive war are first examined. The chapter then examines whether ... More


Preventive War, What Is It Good For?

Walter Sinnott-Armstrong

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0009
Subject:
Political Science, Political Theory

This chapter argues that although Bush's preventive war in Iraq is morally wrong, and his policy is too broad, some exceptional preventive wars can still be morally justified. It develops and defends ... More


Open Issues

Michael Chui and Prasanna Gai

in Private Sector Involvement and International Financial Crises: An Analytical Perspective

Published in print:
2005
Published Online:
July 2005
ISBN:
9780199267750
eISBN:
9780191602504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267758.003.0010
Subject:
Economics and Finance, Financial Economics

Explores the circumstances under which the imposition of statutory debt restructuring mechanisms and/or debt standstills can trigger a ‘rush for the exits’ by creditors. Given the possibility of such ... More


The Parameters of Self-Defence

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the conditions and rules attached to the exercise of self-defence, with particular reference to circumstances involving non-state actors. The requirement of necessity is shown ... More


The Doctrine of Discovery

Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book shines new light on the mostly ignored historical and legal evidence of the use of the Doctrine of Discovery in Australia, Canada, New Zealand, and the United States. In these countries, ... More


The Legal Adoption of Discovery in the United States

Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains ... More


The Decline of Legislative Exclusivity

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.04
Subject:
Law, EU Law

The presence of shared competences within a federal order does not in itself signify a choice in favour of cooperative federalism. Various types of federal pre-emption have been recognized in the ... More


Recognizing the Limits to Cooperation behind National Borders: Financing the Control of Transnational Terrorism

Inge Kaul and Pedro Conceiçāo

in The New Public Finance: Responding to Global Challenges

Published in print:
2006
Published Online:
October 2011
ISBN:
9780195179972
eISBN:
9780199850709
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195179972.003.0008
Subject:
Economics and Finance, International

This chapter discusses the importance of recognizing the limits of international cooperation in financing the control of transnational terrorism. It describes some of the characteristics of and ... More


Morality and War: Can War Be Just in the Twenty-first Century?

David Fisher

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599240
eISBN:
9780191725692
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599240.001.0001
Subject:
Religion, Philosophy of Religion, Religion and Society

There has been a recent revival of interest in the just‐war tradition. But can a medieval theory help us answer twenty‐first‐century security concerns? The book explores how just‐war thinking needs ... More


9. Extreme Times, Extreme Measures

David Fisher

in Morality and War: Can War Be Just in the Twenty-first Century?

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599240
eISBN:
9780191725692
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599240.003.0010
Subject:
Religion, Philosophy of Religion, Religion and Society

Following the 9/11 attacks, al‐Qaeda and other terrorist groups pose a threat, operating with global networks and potentially armed with weapons of mass destruction. To counter these threats, US ... More


The Governments of the States

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0004
Subject:
Law, Constitutional and Administrative Law

The first section of Subpart B covers the supremacy clause, which declares that federal law is “the supreme law of the land”. The discussion focuses on the issues of concurrent jurisdiction and ... More


Pre-Emption, the Future, and the Imagination

David Palumbo-Liu

in America and the Misshaping of a New World Order

Published in print:
2010
Published Online:
May 2012
ISBN:
9780520098701
eISBN:
9780520943797
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520098701.003.0004
Subject:
Anthropology, Anthropology, Global

This chapter looks at how relatively blurry notions of culture and the imagination play a critical role in envisioning the future. In the case of Bush's war on terror, deterrence had been abandoned ... More


Unilateral Armed Measures

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0005
Subject:
Law, Public International Law

The UN Charter regulates the use of force by states. It permits states to use armed force to enforce a limited set of rights under international law. Principally, states may use force in individual ... More


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