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Table of Other Authorities

Published online by Cambridge University Press:  28 April 2018

Tom Dannenbaum
Affiliation:
Tufts University, Massachusetts
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Summary

The book aims to provide a “normative account” of the crime of aggression and the treatment of soldiers under international law. A normative account articulates a moral framework that would make sense of the law’s normative posture on a given issue. To offer such an account is not argue for that moral framework from first principles. Rather, it is to inhabit the internal legal point of view, and to hold that the moral standards articulated best make sense of the law that we have. This chapter argues that a candidate account is superior to its alternatives in achieving that objective to the extent that it better satisfies four criteria. First, it must offer an explanation for what the regime unambiguously requires, permits, and prohibits on the issue at hand. Second, it ought to reflect the law’s core purposes. Third, it should cohere with connected or related laws in domains adjacent to that which it explains. Finally, if multiple accounts pass the first three tests, the superior remaining account is that which is most morally plausible. The chapter defends the project against realist objections and explains the connection between the law and the human experience of soldiering discussed in chapter 1.
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Publisher: Cambridge University Press
Print publication year: 2018

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  • Table of Other Authorities
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.003
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  • Table of Other Authorities
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Table of Other Authorities
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.003
Available formats
×