Larry May - Böcker

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.

The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality. May argues that Hobbes is much more amenable to moral, and even legal, limits on the law--indeed closer to Lon Fuller than to today's legal positivists--than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bête noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.

Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality. May argues that Hobbes is much more amenable to moral, and even legal, limits on the law--indeed closer to Lon Fuller than to today's legal positivists--than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bête noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.

Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this work, the author departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.

In this work, Larry May argues that socially responsive individuals need not be self-sacrificing or overly conscientious. According to the author a person's integrity and moral responsibility are shaped and limited not just by conscience, but also by socialization and moral support from the communities to which he or she belongs. Applying his theory of responsibility to professional ethics, May contends that current methods of professional socialization should be changed so that professionals are not expected to ignore considerations of personal well-being, family, or community. For instance, lawyers should not place client loyalty above concerns for the common good; doctors should not place the physical well-being of patients above their mental and spiritual well-being; scientists and engineers should not feel obliged to blow the whistle on fraud and corruption unless their professional groups protect them from retaliation.

In this work, Larry May argues that socially responsive individuals need not be self-sacrificing or overly conscientious. According to the author a person's integrity and moral responsibility are shaped and limited not just by conscience, but also by socialization and moral support from the communities to which he or she belongs. Applying his theory of responsibility to professional ethics, May contends that current methods of professional socialization should be changed so that professionals are not expected to ignore considerations of personal well-being, family, or community. For instance, lawyers should not place client loyalty above concerns for the common good; doctors should not place the physical well-being of patients above their mental and spiritual well-being; scientists and engineers should not feel obliged to blow the whistle on fraud and corruption unless their professional groups protect them from retaliation.

Larry May examines the normative and conceptual problems concerning the crime of genocide. Genocide arises out of the worst of horrors. Legally, however, the unique character of genocide is reduced to a technical requirement, that the perpetrator's act manifest an intention to destroy a protected group. From this definition, many puzzles arise. How are groups to be identified and why are only four groups subject to genocide? What is the harm of destroying a group and why is this harm thought to be independent of killing many people? How can a person in the dock, as an individual, be responsible for a collective crime like genocide? How should we understand the specific crimes associated with genocide, especially instigation, incitement, and complicity? Paying special attention to the recent case law concerning the Rwanda genocide, May offers the first philosophical exploration of the crime of genocide in international criminal law.

The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Larry May examines the normative and conceptual problems concerning the crime of genocide. Genocide arises out of the worst of horrors. Legally, however, the unique character of genocide is reduced to a technical requirement, that the perpetrator's act manifest an intention to destroy a protected group. From this definition, many puzzles arise. How are groups to be identified and why are only four groups subject to genocide? What is the harm of destroying a group and why is this harm thought to be independent of killing many people? How can a person in the dock, as an individual, be responsible for a collective crime like genocide? How should we understand the specific crimes associated with genocide, especially instigation, incitement, and complicity? Paying special attention to the recent case law concerning the Rwanda genocide, May offers the first philosophical exploration of the crime of genocide in international criminal law.

This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

War has been a key topic of speculation and theorising ever since the invention of philosophy in classical antiquity. This anthology brings together the work of distinguished contemporary political philosophers and theorists who address the leading normative and conceptual issues concerning war. The book is divided into three parts: initiating war, waging war, and ending war. The contributors aim to provide a comprehensive introduction to each of these main areas of dispute concerning war. Each essay is an original contribution to ongoing debates on various aspects of war and also provides a survey of the main topics in each subfield. Serving as a companion to the theoretical issues pertaining to war, this volume also is an important contribution to debates in political philosophy. It can serve as a textbook for relevant courses on war offered in philosophy departments, religious studies programs, and law schools.

In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.

The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

War has been a key topic of speculation and theorising ever since the invention of philosophy in classical antiquity. This anthology brings together the work of distinguished contemporary political philosophers and theorists who address the leading normative and conceptual issues concerning war. The book is divided into three parts: initiating war, waging war, and ending war. The contributors aim to provide a comprehensive introduction to each of these main areas of dispute concerning war. Each essay is an original contribution to ongoing debates on various aspects of war and also provides a survey of the main topics in each subfield. Serving as a companion to the theoretical issues pertaining to war, this volume also is an important contribution to debates in political philosophy. It can serve as a textbook for relevant courses on war offered in philosophy departments, religious studies programs, and law schools.

In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. Core concepts in Anglo-American jurisprudence, such as equal protection, due process, and the rule of law, are explained and criticized. The articles collected in this volume deal with the distinctive branch of justice that involves norms and processes of applying law to citizens. Authors from a variety of legal and philosophical backgrounds analyze such values as transparency, predictability, and even-handedness in law-making, law-enforcement, and adjudication. Considerable attention is also given to the complex ways in which concerns for justice in the application of the law intersect with long-standing concerns for justice in the content of law. There is also considerable discussion of how best to understand equal protection in debates about gender and racial discrimination. Authors include John Rawls, Martha Minow, Jeremy Waldron, Onora O'Neill, Joseph Raz, and Thomas Scanlon.

This collection of essays honours the eminent rights theorist, Carl Wellman, on the occasion of his retirement. Stimulated by Wellman's extensive writings on rights, the essays address such topics as the grounding of rights, the universality of rights, conflict among legal rights, the nature of political rights, the care-based presuppositions of rights, the misuse of rights talk, the connection between rights and religion, and the rights of cultural minorities, as well as related issues concerning the foundations of morality and the nature of justice. Contributors include: Alice Erh-Soon Tay, Joel Feinberg, James Griffin, P.M.S. Hacker, Virginia Held, Hermann Klenner, Neil MacCormick, Rex Martin, Diana Meyers, Gerald Postema, Joseph Raz, L. Wayne Sumner, G.H. Von Wright, and Jeremy Waldron, with an introduction by Christopher Wellman. The work is aimed at researchers, scholars, graduate students and advanced undergraduates in the fields of philosophy, law, human rights and political theory.

What does it mean to be a morally responsible man? Psychology and the law have offered reasons to excuse men for acting aggressively. In these philosophically reflective essays, Larry May argues against standard accounts of traditional male behavior, discussing male anger, paternity, pornography, rape, sexual harassment, the exclusion of women, and what he terms the myth of uncontrollable male sexuality. While refuting the platitudes of the popular men's movement, his book challenges men to reassess and change behavior that has had detrimental effects on the lives of women and of men.In May's view, the key to solving many problems is to understand how individual actions may combine to produce large-scale, harmful consequences. May is eager to reconceptualize male roles in ways that build on men's strength rather than rendering them androgynous. Each chapter in his book suggests strategies to effect changes based on May's views on the nature of moral responsibility.Examining separatism and the socialization of youth in athletics and the military, specifically at Virginia Military Institute and the Citadel, May analyzes the moral implications of the way all-male environments are constructed. Rejecting the standard arguments for them, he speculates about the positive ways they might be used to transform the socialization of young men.

What does it mean to be a morally responsible man? Psychology and the law have offered reasons to excuse men for acting aggressively. In these philosophically reflective essays, Larry May argues against standard accounts of traditional male behavior, discussing male anger, paternity, pornography, rape, sexual harassment, the exclusion of women, and what he terms the myth of uncontrollable male sexuality. While refuting the platitudes of the popular men's movement, his book challenges men to reassess and change behavior that has had detrimental effects on the lives of women and of men.In May's view, the key to solving many problems is to understand how individual actions may combine to produce large-scale, harmful consequences. May is eager to reconceptualize male roles in ways that build on men's strength rather than rendering them androgynous. Each chapter in his book suggests strategies to effect changes based on May's views on the nature of moral responsibility.Examining separatism and the socialization of youth in athletics and the military, specifically at Virginia Military Institute and the Citadel, May analyzes the moral implications of the way all-male environments are constructed. Rejecting the standard arguments for them, he speculates about the positive ways they might be used to transform the socialization of young men.

This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors: