OUP is publishing a new book on
the laws of war in international thought.
ABOUT THE BOOK
The Law of Armed Conflict is
usually understood to be a regime of exception that applies only during armed
conflict and regulates hostilities among enemies. It assigns privileges to
states far beyond what they are allowed to do in peacetime, and it mandates
certain protections for non-combatants, which can often be defeated by appeals
to military necessity or advantage.
The Laws of War in International
Thought examines the intellectual history of the laws of war before their
codification. It reconstructs the processes by which political and legal
theorists built the laws' distinctive vocabularies and legitimized some of
their broadest permissions, and it situates these processes within the broader
intellectual project that from early modernity spelled out the nature, function,
and powers of state sovereignty.
The book focuses on four
historical moments in the intellectual history of the laws of war: the doctrine
of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the
Enlightenment theory of regular war; and late nineteenth-century
humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how
challenging and polemical it has been for international theorists to justify
the exceptional and permissive character of the laws of war. In this way, he
contributes to recover a sense of the historical foundations and many still
problematic aspects of the Law of Armed Conflict.
ABOUT THE AUTHOR
Pablo Kalmanovitz is research
professor at the Centro de Investigación y Docencia Económicas (CIDE)
in Mexico City.
TABLE OF CONTENTS
Introduction
1. Political Theology, Ius
Gentium, and Just War in Spanish Scholasticism
2. Hugo Grotius on Solemn War and
the Difference Sovereignty Makes
3. Regular War and Resort to
Force in the Enlightenment
4. Enlightenment Ideals of
Limited Warfare
5. Humanizing War in the 19th
Century
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