Listed in: Law, Jurisprudence, and Social Thought, as LJST-348
Formerly listed as: LJST-48
Lawrence R. Douglas (Section 01)
(Research Seminar) The traditional understanding of war involved the armies of two nation-states confronting each other on a battlefield. And other than general customs of a just war, the law was thought to have little to say about war. But in the last half century even as the traditional form of war has changed rapidly, as conflicts involving non-state actors (such as insurgency and terrorism) have increased, international law has developed an intricate set of rules regarding who can fight and what methods of fighting are legal.
This course explores the connection between different types of conflict and the norms and rules of international law that are used to regulate that conflict. In this course, we will take a historical approach. We will read classic theorists of war such as Clausewitz, Schmitt and Michael Walzer. We will examine the history of The Hague and Geneva Conventions. And we will focus on specific instances of war from nineteenth-century colonial conflicts and guerrilla warfare, to the 1999 “humanitarian” intervention in Kosovo, to the various fronts in the contemporary “war on terror.” Throughout we will ask how changes in technology and law change the definition of war. How do legal definitions of war attempt to demarcate it from other forms of violent conflict such as insurgency or terrorism?
Recommended requisite: LJST 110. Limited to 15 students. Open to juniors and seniors. Fall semester. Professor Douglas.
If Overenrolled: Preference will be given to LJST majors and to juniors & seniors