War and Peace in the Law of Islam

Author: Majid Khadduri

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584776951

Category: History

Page: 321

View: 7012

Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

On the Law of War and Peace

Author: Hugo Grotius

Publisher: Jazzybee Verlag

ISBN: 3849648737

Category: Law

Page: 640

View: 4449

“On The Law of War and Peace” was translated into many languages, and most law schools adopted it as the basis of the right of nations. Princes and statesmen consulted the book, and just as Alexander the Great always had a copy of Homer's 'Iliad,’ so the great Gustavus Adolphus always had with him a copy of Grotius’ work, to remind himself that even the most successful general must respect some laws. Grotius’ strength lies in his moderation and in the fact that he quotes copiously from the best authorities to fortify his views .

Hugo Grotius on the Law of War and Peace

Student Edition

Author: Hugo Grotius,Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 0521128129

Category: Law

Page: 548

View: 613

Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

The Rights of War and Peace

Author: Hugo Grotius

Publisher: N.A

ISBN: 9781434413000

Category: Law

Page: 438

View: 8472

Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.

War and the Law of Nations

A General History

Author: Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 9781139445238

Category: Law

Page: N.A

View: 8223

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

The Rights of War and Peace, in Three Books

Wherein are Explained, the Law of Nature and Nations, and the Principal Points Relating to Government

Author: Hugo Grotius,Jean Barbeyrac

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773863

Category: Law

Page: 817

View: 9280

Grotius, Hugo. The Rights of War and Peace, in Three Books: Wherein are Explained, The Law of Nature and Nations, and The Principal Points relating to Government. Written in Latin by the Learned Hugo Grotius, And Translated into English. To which are Added, All the Large Notes of Mr. J. Barbeyrac... London: Printed for W. Innys [et al.], 1738. xxxvi, 817 pp. Folio, 9" x 14." Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-386-3. Cloth. $250. * The "best edition" of a landmark work on law and government by Hugo Grotius [1535-1645] (Lowndes, Bibliographer's Manual of English Literature, Rev. ed. III, 950). First published in Paris in 1625, it established the system of modern public international law, based on the concept of "droit naturel," a morality-based law that superseded the personalities of individuals or nations. These ideas influenced the American Revolution, whose leaders often cited Grotius. "No legal work ever enjoyed a more widely extended reputation, and none ever exercised such a wonderful influence over the public morals of Europe." Marvin, Legal Bibliography 353. This edition features the notes of J. Barbeyrac described by Marvin as excellent. (Whewell) Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I: 595. Sowerby, Library of Thomas Jefferson 1404. Printing and the Mind of Man 125. Indexed.

Wars of Law

Unintended Consequences in the Regulation of Armed Conflict

Author: Tanisha M. Fazal

Publisher: Cornell University Press

ISBN: 1501719793

Category: Law

Page: 342

View: 7858

"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--

On the Law of War and Peace, Vol. 3 (Classic Reprint)

Author: Hugo Grotius

Publisher: Forgotten Books

ISBN: 9781334582356

Category: Law

Page: 364

View: 9247

Excerpt from On the Law of War and Peace, Vol. 3 Thus I have by nature a right to seize property of mine which another is holding and if such seizure is too difficult I have the right to seize something else of equal value, as in the case of recovering a debt. From these causes ownership also arises, because the equality which has been disturbed can in no other way be restored. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Ethics of War and Peace

An Introduction to Legal and Moral Issues

Author: Paul Christopher

Publisher: Prentice Hall

ISBN: N.A

Category: Philosophy

Page: 278

View: 8539

//--> 9238C-9, 0-13-092383-4, Christopher, Paul, The Ethics of War and Peace: An Introduction to Legal and Moral Issues, 3/E //--> This classic introduction to the ethics of war and peace explores the legal and moral issues of when and how to use force to achieve political objectives. The just war tradition, the legal position of war, moral issues in war, and professional and humanitarian obligations. Ethicists, military personnel, and political analysts.

The rights of war and peace

including the law of nature and of nations

Author: Hugo Grotius

Publisher: General Books

ISBN: N.A

Category: Law

Page: 334

View: 5747

Volume: 1 General Books publication date: 2009 Original publication date: 1901 Original Publisher: M.W. Dunne Subjects: International law War (International law) International law and relations Natural law International relations War (International law) History / Military / General Law / International Law / Military Law / Natural Law Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: CHAPTER II. Inquiry Into The Lawfulness Of War. Reasons proving the lawfulness of War -- Proofs from History -- Proofs from general consent -- The Law of Nature proved not repugnant to War -- War not condemned by the voluntary Divine Law preceding the Gospel -- Objections answered -- Review of the question whether War be contrary to the Law of the Gospel -- Arguments from Scripture for the negative Opinions -- Answer to the Arguments taken from Scripture for the affirmative -- The opinions of the primitive Christians on the subject examined. I. After examining the sources of right, the first and most general question that occurs, is whether any war is just, or if it is ever lawful to make war. But this question like many others that follow, must in the first place be compared with the rights of nature. Cicero in the third book of his Bounds of Good and Evil, and in other parts of his works, proves with great erudition from the writings of the Stoics, that there are certain first principles of nature, called by the Greeks the first natural impressions, which are succeeded by other principles of obligation superior even to the first impressions themselves. He calls the care, which every animal, from the moment of its birth, feels for itself and the preservation of its condition, its abhorrence of destruction, and of every thing ...

The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant

Author: Richard Tuck

Publisher: OUP Oxford

ISBN: 0191037427

Category: Law

Page: 256

View: 5573

The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

The Law of War & Peace In Islam

Author: Muhammad Vandestra

Publisher: Dragon Promedia

ISBN: 1370029772

Category: Law

Page: 18

View: 9913

In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behaviour in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. And this is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances, irrespective of the behaviour of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adaptation of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam.

The Ethics of War and Peace

An Introduction

Author: Helen Frowe

Publisher: Routledge

ISBN: 1317370600

Category: Philosophy

Page: 280

View: 9427

The Ethics of War and Peace is a lively introduction to one of the oldest but still most relevant ethical debates. Focusing on the philosophical questions surrounding the ethics of modern war, Helen Frowe presents contemporary just war theory in a stimulating and accessible way. This 2nd edition includes new material on weapons and technology, and humanitarian intervention, in addition to: theories of self-defence and national defence jus ad bellum, jus in bello and jus post bellum the moral status of combatants the principle of non-combatant immunity and the nature of terrorism and the moral status of terrorists. Each chapter uses examples and concludes with a summary, discussion questions and suggestions for further reading to aid student engagement, learning and revision. The glossary has been expanded to cover the full range of relevant terminology. This is the ideal textbook for students of philosophy and politics approaching this important area for the first time.

Of War and Law

Author: David Kennedy

Publisher: Princeton University Press

ISBN: 9781400827367

Category: Law

Page: 208

View: 5959

Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.