The End of Reciprocity: Terror, Torture, and the Law of War. Mark Osiel

The End of Reciprocity: Terror, Torture, and the Law of War



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The End of Reciprocity: Terror, Torture, and the Law of War Mark Osiel ebook pdf
Publisher:
Language: English
Page: 676
ISBN: 0521513510, 9780521513517

Review

"Many books have now been written about the law and ethics of how states should respond to terrorists who respect neither. This book may be the most impressive of them all: a hardheaded, clear-eyed, unsentimental argument for observing humanitarian restraints in the law of armed conflict even when adversaries do not. Drawing on deep reservoirs of learning in the law, history and sociology of armed conflict, Osiel challenges both critics and defenders of the Bush Administration's anti-terror policies: idealist human-rights advocates who prescribe absolute adherence to moral norms regardless of what enemies do, and "realists" who want to calculate in each case whether adherence will yield more benefits to national self-interest than costs. Ultimately he suggests that acting upon national self-conceptions of civilized conduct rooted in honor may induce the cooperation of other nations in building the networks that constitute a social contract. Neither blinding himself to the savagery and brutality of modern conflict nor falling into a shallow cynicism, Osiel offers a penetrating analysis of current policies and the controversies over them and a grounded, carefully reasoned, basis for hope for something better." --Robert W. Gordon, Chancellor, Kent Professor of Law and Legal History, Yale University

"This is a wonderfully provocative study of an important question by a highly regarded and thoughtful author. What more could you ask for? The End of Reciprocity is well researched and meticulously documented; serious and scholarly. It addresses the tough question of reciprocity head-on and fearlessly. Osiel's arguments are both persuasive and balanced. This is a valuable read for anyone who cares about how the United States wages war now and in the future." --John Hutson, Admiral (Ret.), Judge Advocate General of the Navy, 1997-2000; Dean, Franklin Pierce Law School

"Mark Osiel has a talent for looking squarely into abysses and clarifying, for the rest of us, what is involved in such issues as torture or attempting to bring some sort of moral order to modern warfare, including wars against terrorists. His new book is profound, illuminating, and unsettling. It deserves wide readership and, just as importantly, discussion." --Sanford Levinson, Professor of Law, University of Texas, Austin and the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair

"Mark Osiel examines questions at the heart of today's most vexing issues in the "war on terrorism." With a scholar's eye and an intellect informed by broad international legal experience, he asks if reciprocity remains an appropriate guide to American battlefield conduct when dealing with an enemy who neither respects nor recognizes traditional bounds on combatant behavior... Even those who disagree with Professor Osiel's arguments, as I deeply do, will reexamine their own legal and moral positions in light of his skilled arguments that blend law, history, ethics and realpolitik. This is a work of scholarship and intelligence that everyone concerned with the rights and duties of states and non-state actors should read." --Gary Solis, Marine Lt. Col. (Ret.), Judge Advocate General; Professor, West Point & Georgetown University Law Center

Book Description

This book seeks to examine whether different rules and practices are appropriate for a conflict between antagonists of such radically different natures and goals with respect to the law of war. Real reciprocity in such asymmetrical conflict requires an emergent social contract of international legal cooperation.



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