Wading Knee-Deep into the Rubicon: Escalation and the Morality of Limited Strikes

2020 ◽  
Vol 34 (2) ◽  
pp. 161-173 ◽  
Author(s):  
Daniel R. Brunstetter
Keyword(s):  
Ethical Dilemmas ◽  
Moral Commitment ◽  
Moral Principles ◽  
Jus Ad Bellum ◽  
Point Of No Return ◽  
The Right ◽  
Shed Light ◽  
Do So ◽  
Red Line

AbstractLimited strikes are arguably different from war insofar as they are more circumscribed, less destructive, and cost less in blood and treasure to employ. However, what they can achieve is also considerably more circumscribed than what is set out by the goals of war. How do we morally evaluate limited strikes? As part of the roundtable, “The Ethics of Limited Strikes,” this essay argues that we need to turn to the ethics of limited of force, or jus ad vim, to do so. Two moral assumptions that are the keystone to jus ad vim can shed light on the moral imperatives and ethical dilemmas of undertaking limited strikes. First, such strikes should be seen as an alternative to war, and not part of the jus ad bellum last resort process. What I call the “Rubicon assessment” determines at what level force should be used: at the level of war, with all its costs and unpredictability, or at that of the more predictable and less costly limited force. Second, limited strikes should adhere to a “presumption against escalation”; that is, a moral commitment not to escalate to war. This essay highlights these moral principles in five different limited strike scenarios: “hot pursuit,” “red line,” “the last straw,” “the point of no return,” and “the right of retaliation.” The conclusion explores the notion of justice after limited strikes, or what I call jus post vim, to show that while what can be accomplished by limited strikes is inherently constrained, they can, if used morally and in tune with diplomacy, be of service in the quest for peace.

State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11

2011 ◽  
Vol 105 (2) ◽  
pp. 244-286 ◽  
Author(s):  
Theresa Reinold
Keyword(s):  
Present Article ◽  
Irregular Warfare ◽  
Weak States ◽  
Safe Haven ◽  
Jus Ad Bellum ◽  
Self Defense ◽  
The World ◽  
Territorial Control ◽  
The Right ◽  
Do So

Sovereign states have a responsibility not only to protect their own citizens, but also to protect— within their own territory—the rights and fundamental security interests of other states. Many states around the world, however, lack the resources to do so. Unable to exercise effective territorial control, these weak states frequently become safe havens for terrorist networks and other irregular groups. Yet the lack of such control is not the only reason for the existence of safe havens around the world; in some cases, the problem is not the host state's inability, but rather its unwillingness, to prevent irregular activity on its territory. The present article analyzes the challenges posed to the jus ad bellum resulting from both types of safe-haven scenarios: states that are unable, and those that are unwilling, to exercise control.

scholarly journals An Analysis of the “Right of Termination”, “Right of Cancellation” and “Right of Withdrawal” in off-Premises and Distance Contracts According to EU Directives

2021 ◽  
Vol 47 (1) ◽  
pp. 105-133
Author(s):  
Patrizia Giampieri
Keyword(s):  
Financial Services ◽  
European Directives ◽  
Clear Cut ◽  
Consumer Rights ◽  
English Speaking ◽  
Eu Directives ◽  
The Right ◽  
Right Of Withdrawal ◽  
Shed Light ◽  
Do So

Abstract Several are the European Directives dedicated to e-commerce, focussing on consumer rights, the distance marketing of consumer financial services and the protection of consumers indistance contracts.In contract law, the terms “termination”, “withdrawal”and “cancellation”have peculiar and distinct meaning. Nonetheless, they tend to be misused and applied interchangeably. This article will shed light on these relevant terms in thelight of EU Directives on the protection of consumer rights in off-premises and distance contracts.To do so, it will first present instances in which the meaningand use of these terms is either clear-cut or somehow blurred. By analysing word usage and meaning in context, it will explore how EU Directives, and EU drafters in general, made(un)ambiguous distinctions. Then, it will investigate whether English-speaking drafters (such as those of the pre-Brexit UK, Ireland and Malta) made a consistent use ofsuch terms. Finally, this paper will explore whether online conditions of sale writtenin English by non-English speaking sellers or traders (such as Italian and Polish) also make a consistent use of the terms.The paper findings highlight that the use andlegal purpose of these terms in European Directives have not been particularly consistent over the years. Furthermore, Member States’system-specificity has weighed on the meaning, application and scope of the terms. On the other hand, at EU level the absence of a unique legal system of reference and the challenges of harmonization may have created false equivalences.

Heinrich von Kleist and the Right to War

Romanticism ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 245-254
Author(s):  
Jan Mieszkowski
Keyword(s):  
Heinrich Von Kleist ◽  
The Right ◽  
Do So

This essay explores the conceptualization of warfare in Romanticism. The focus is on two plays by Heinrich von Kleist, Penthesilea and Prince Friedrich von Homburg. I begin by discussing Carl von Clausewitz's influential understanding of conflict and the problems that arise when he attempts to explain the interdependence of warring parties. I go on to argue that in Kleist's dramas war is a competition between different languages of authority. When no coherent paradigm of agency emerges from this contest, the right to wage war is revealed to be anything but a guarantee that one knows how to do so.

De splitsing van de Belgische Socialistische Partij. Twee verklarende documenten

2008 ◽  
Vol 67 (2) ◽  
pp. 99-114
Author(s):  
Pieter-Jan Van Bosstraeten
Keyword(s):  
Socialist Party ◽  
French Speaking ◽  
History Of ◽  
Post War ◽  
Shed Light ◽  
Do So

Op 11 oktober 1978 splitste de Belgische Socialistische Partij zich als laatste van de drie unitaire partijen op in twee autonome partijen. Langs Franstalige zijde werd éénzijdig de Parti Socialiste opgericht, twee jaar later volgde de Socialistische Partij. De splitsing vormde het eindpunt van een lange en bewogen geschiedenis van de socialistische eenheidspartij.Ondanks het feit dat heel wat auteurs reeds een licht hebben geworpen op de belangrijkste gebeurtenis uit de na-oorlogse geschiedenis van de BSP, is het antwoord op de vraag naar de oorzaken van de splitsing vrij eenduidig. Overwegend wordt aangenomen dat de splitsing van de BSP het gevolg is van een moeilijke samenwerking in het kader van het communautaire dossier. Andere oorzaken worden amper aangehaald, of onvoldoende verduidelijkt. Tevens wordt slechts het politiek-tactische aspect van het communautaire dossier uitvoerig besproken. In de bestaande literatuur wordt zo goed als nergens dieper ingegaan op de inhoudelijke elementen die binnen de partij problemen teweegbrachten.Onderzoek van twee cruciale documenten heeft de mogelijkheid geboden het verhaal van de splitsing beter te reconstrueren. Daarbij is gebleken dat de splitsing van de partij in een ruimer kader dient te worden geïnterpreteerd dan het communautaire dossier. Aan de splitsing van de partij ging een lang proces van autonomisering en vleugelvorming vooraf. Bovendien werd aangetoond dat de problematiek inzake het Egmont-Stuyvenbergpact niet de enige directe oorzaak vormde voor de splitsing van de partij, in de periode 1977-1978. Enkele andere oorzaken hebben daartoe eveneens bijgedragen.________The division of the Belgian Socialist Party. Two explanatory documentsOn 11 October 1978 the Belgian Socialist Party divided into two autonomous parties, the last of the three unitary parties to do so. First the French speaking section unilaterally founded the ‘Parti Socialiste’, two years later the ‘Socialistische Partij’ followed. The division constituted the termination of the long and eventful history of the socialist unitary party.In spite of the fact that many authors have already shed light on the most important event from the post-war history of the BSP, the answer to the question about the causes for the division are fairly unequivocal. The majority of opinions favour the view that the division of the BSP was the consequence of the difficulty of collaborating within the framework of the community dossier. Other causes are hardly cited, or insufficiently elucidated. Moreover only the politico-tactical aspect of the community dossier is discussed in detail. The existing literature hardly ever carries out a more thorough examination of the intrinsic elements that caused problems within the party.The investigation of the two crucial documents has offered the opportunity to provide a better reconstruction of the division. This showed that the division of the party should be interpreted within a larger framework than the community dossier alone. A long process of autonomisation and the formation of political wings preceded the division of the party. It also demonstrated that the issues concerning the Egmont-Stuyvenberg pact were not the only direct cause for the division of the party, during the period 1977-1978. There were several other causes that also contributed to this division.

In the Labyrinth

2017 ◽  
Author(s):  
Andrew McNeillie
Keyword(s):  
The Right ◽  
First Time ◽  
Do So

It is now widely acknowledged, and far beyond Ireland, that Tim Robinson’s two volumes jointly known as Stones of Aran (‘Pilgrimage’ and ‘Labyrinth’) are modern classics, exemplary in every way of how to write about place and to do so with a formal, literary accomplishment that more than earns the right to nod at Ruskin’s own classic. In 2012, Robinson went back to Árainn, the largest of the three islands, for the first time in nearly ten years. He did so at the urging of Andrew McNeillie, with whom he spent two and a half days revisiting old haunts. This chapter makes account of the occasion and uses, in the process, a unique document provided by Robinson as an experiment in annotating his work. This prompts McNeillie to investigate some of his own annotations and footnotes to Aran.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

scholarly journals After Hajj: Muslim Pilgrims Refashioning Themselves

Religions ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 36
Author(s):  
Kholoud Al-Ajarma
Keyword(s):  
Social Contexts ◽  
Religious Behavior ◽  
Transformative Experience ◽  
The Everyday ◽  
Community Expectations ◽  
Religious Dimensions ◽  
Personal Level ◽  
The Right ◽  
Self Formation ◽  
Do So

The Muslim pilgrimage to Mecca (Hajj) is one of the five pillars of Islam and a duty which Muslims must perform—once in a lifetime—if they are physically and financially able to do so. In Morocco, from where thousands of pilgrims travel to Mecca every year, the Hajj often represents the culmination of years of preparation and planning, both spiritual and logistical. Pilgrims often describe their journey to Mecca as a transformative experience. Upon successfully completing the pilgrimage and returning home, pilgrims must negotiate their new status—and the expectations that come with it—within the mundane and complex reality of everyday life. There are many ambivalences and tensions to be dealt with, including managing the community expectations of piety and moral behavior. On a personal level, pilgrims struggle between staying on the right path, faithful to their pilgrimage experience, and straying from that path as a result of human imperfection and the inability to sustain the ideals inspired by pilgrimage. By ethnographically studying the everyday lives of Moroccans after their return from Mecca, this article seeks to answer the questions: how do pilgrims encounter a variety of competing expectations and demands following their pilgrimage and how are their efforts received by members of their community? How do they shape their social and religious behavior as returned pilgrims? How do they deal with the tensions between the ideals of Hajj and the realities of daily life? In short, this article scrutinizes the religious, social and personal ramifications for pilgrims after the completion of Hajj and return to their community. My research illustrates that pilgrimage contributes to a process of self-formation among pilgrims, with religious and non-religious dimensions, which continues long after Hajj is over and which operates within, and interacts with, specific social contexts.

scholarly journals Taking advantage of Covid-19 to improve hospital models of care: are we moving in the right direction?

2021 ◽  
pp. 1-7
Author(s):  
Raffaella Gualandi ◽  
Anna De Benedictis
Keyword(s):  
Hospital Management ◽  
Models Of Care ◽  
Patient Needs ◽  
Model Of Care ◽  
Letter To The Editor ◽  
Rapid Changes ◽  
Improve Hospital ◽  
The Right ◽  
Shed Light

Abstract In this letter to the Editor, we shed light on the rapid changes the Covid-19 virus has generated in hospital management. Recent experiences in the field aim to reorganizing hospital processes and policies. In this new scenario, new patient needs emerge, and a change in the hospital model of care should include them.

PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

Lawful Remedy or Illegal Response? Resolving the Issue of Foreign Subsidization Under WTO Law

2021 ◽  
pp. 1-24
Author(s):  
Victor Crochet ◽  
Marcus Gustafsson
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
The European Union ◽  
Fair Competition ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Shed Light ◽  
Do So

Abstract Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.

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