New frontiers in the laws of war : proportionate defense / Jeff McMahan
Document type:
Article
Title:
New frontiers in the laws of war : proportionate defense
Author zone:
Jeff McMahan
Host item entries:
- Journal of transnational law and policy, Vol. 23, 2013-2014, p. 1-36
Languages:
English
General Note:
Richard B. Lillich Memorial lecture. - Photocopies
Abstract:
The purpose of this essay is to explore some of the hitherto unappreciated complexities in the idea of proportionality. It explains how a requirement of proportionality differs from a requirement of necessity, distinguish among various types of proportionality, and examine the ways in which proportionality in defense differs from proportionality in punishment. It also suggests that certain good or bad effects may have less weight than others, or even no weight at all, in the assessment of proportionality. Finally, it argues that proportionality is not just a matter of the consequences of action but is also sensitive to the ways in which consequences are brought about.
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Keyword in French:
| Call number | Availability / Due date |
|---|---|
| 345.25/307 (Br.) | Available |