The Public Uses of Coercion and Force From Constitutionalism to War

by Herlin-Karnell, Ester; Rossi, Enzo

• ISBN13: 9780197519103
• ISBN10: 0197519105
• Format: Hardcover
• Copyright: 2021-08-06
• Publisher: Oxford University Press

Summary

The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.

The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.

Author Biography

Ester Herlin-Karnell is Professor of EU law and EU criminal law at the University of Gothenburg, School of Law, Sweden. She was previously University Research Chair in EU Constitutional Law and Justice at the VU University Amsterdam, The Netherlands.

Enzo Rossi is Associate Professor of political science at the University of Amsterdam, The Netherlands, and co-editor of the European Journal of Political Theory.

Table of Contents

Part One
1. Introduction
Ester Herlin-Karnell and Enzo Rossi
2. A Semi-Kantian Just War Theory
Yitzhak Benbaji
3. Might and Right: Ripstein, Kant and the Paradox of Peace
Rainer Forst
4. Reading Kant's Rechtslehre: Some Observations on Ripstein's Kant and the Law of War
Thomas Mertens
5. The Moral Basis of State Independence
Anna Stilz
6. Vulnerability, Space, Communication: Three Conditions of Adequacy for Cosmopolitan Right
Peter Niesen
7. Three Models of Territory: Arthur Ripstein on the Territorial Rights of States
Alice Pinheiro Walla
8. A Kantian Defense of Remedial Wars
Alon Harel
9. National Defense and the Value of Independence
Massimo Renzo
Part Two
10. Exactitude and Indemonstrability in Kant's Doctrine of Right
Katrin Flikschuh
11. The Right to Wage Private Wars of Subsistence: Its Nature, Grounds, and Place in Revisionist Just War Theories
Johan Olsthoorn
12. Between Wormholes and Blackholes: A Kantian (Ripsteinian) Account of Human Rights in War
Aravind Ganesh
13. Kant and the Criminal Law of War
Malcolm Thorburn
14. EU Solidarity as Collective Self-Defense?: Constitutionalism and the Public Uses of Force
Ester Herlin-Karnell
15. Europe's Cosmopolitan Union: A Kantian Reading of EU Internal Market Law and the Refugee Crisis
Bertjan Wolthuis and Luigi Corrias
Part Three
16. From Constitutionalism to War—and Back Again: A Reply
Arthur Ripstein