New scholarship - law on the use of force Bernard Hibbitts at 11:22 AM ET
[JURIST] A timely paper just up on SSRN:
Law and Fear, Fear of Law: Iraq, and Beyond [abstract] by Mark Drumbl [faculty profile] of Washington and Lee University School of Law [official website]. From the Abstract: "This Paper examines the shifts in the law regarding the use of force - the jus ad bellum - that have emerged in the wake of the September 11, 2001 terrorist attacks. These shifts import a significant elasticity - in time, space, and place - into the legal understanding of self-defense. In particular, this Paper argues that self-defense is emerging as the primary basis for legalizing violence to protect peace and security - even violence that may not seem much like self-defense."
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