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Prologue

Published online by Cambridge University Press:  05 November 2012

Brien Hallett
Affiliation:
University of Hawaii, Matsunaga Institute of Peace
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Summary

The Congress shall have power … to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water …

(article I, section 8, clause 11)

This book is about the power to declare war: who should possess the authority, how they should exercise it, what purposes a declaration serves, and why. This book is, consequently, about the relationships among conflict resolution, speech acts, and the rule of law. This consequence follows from the fact that declarations of war are speech acts. They are public “announcements” of official decisions. As public “announcements,” they can be motivated by either one of two antithetical attitudes: One can declare war as an act of anger and vengeance seeking “victory” over one’s enemy, or one can declare war as the initial step in resolving a serious conflict with one’s conflict partner. In the former case, conflict resolution is irrelevant. A desire for “victory” over one’s enemy turns both speech and the rule of law into obstructions and hindrances. Why would anyone want to speak to the enemy? What could one possibly have to say to an enemy? Since the object is to destroy the enemy, why would anyone submit to the constraints of law? “Bomb them back to the Stone Age,” as General Curtis LaMay used to say. In the latter case, “victory” is irrelevant. A desire for resolution with one’s conflict partner turns both speech and the rule of law into aides and facilitators. Speech facilitates negotiations of the grievances and remedies, and law aids in reducing the necessities of war by restraining intemperate actions.

Type
Chapter
Information
Declaring War
Congress, the President, and What the Constitution Does Not Say
, pp. xv - xviii
Publisher: Cambridge University Press
Print publication year: 2012

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  • Prologue
  • Brien Hallett
  • Book: Declaring War
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139208734.001
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  • Prologue
  • Brien Hallett
  • Book: Declaring War
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139208734.001
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.

  • Prologue
  • Brien Hallett
  • Book: Declaring War
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139208734.001
Available formats
×