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The Resource The assault on international law, Jens David Ohlin

The assault on international law, Jens David Ohlin

Label
The assault on international law
Title
The assault on international law
Statement of responsibility
Jens David Ohlin
Creator
Author
Subject
Language
eng
Summary
"International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists,' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature--a result that is not only legally binding but also in each state's self-interest"--
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Ohlin, Jens David
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • International and municipal law
  • International law
  • International and municipal law
  • International law
  • United States
Label
The assault on international law, Jens David Ohlin
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
xi, 289 pages
Isbn
9780199987405
Lccn
2014023293
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)878299473
Label
The assault on international law, Jens David Ohlin
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
xi, 289 pages
Isbn
9780199987405
Lccn
2014023293
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)878299473

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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