“The United States does not do nation building,” claimed Secretary of Defense Donald Rumsfeld three years ago. Yet what are we to make of the American military bases in Korea? Why do American warships patrol the Somali coastline? And perhaps most significantly, why are fourteen “enduring bases” being built in Iraq? In every major foreign war fought by United States in the last century, the repercussions of the American presence have been felt long after the last Marine has left. Kenneth J. Hagan and Ian J. Bickerton argue here that, despite adamant protests from the military and government alike, nation building and occupation are indeed hallmarks—and unintended consequences—of American warmaking.
In this timely, groundbreaking study, the authors examine ten major wars fought by the United States, from the Revolutionary War to the ongoing Iraq War, and analyze the conflicts’ unintended consequences. These unexpected outcomes, Unintended Consequences persuasively demonstrates, stemmed from ill-informed decisions made at critical junctures and the surprisingly similar crises that emerged at the end of formal fighting. As a result, war did not end with treaties or withdrawn troops. Instead, time after time, the United States became inextricably involved in the issues of the defeated country, committing itself to the chaotic aftermath that often completely subverted the intended purposes of war.
Stunningly, Unintended Consequences contends that the vast majority of wars launched by the United States were unnecessary, avoidable, and catastrophically unpredictable. In a stark challenge to accepted scholarship, the authors show that the wars’ unintended consequences far outweighed the initial calculated goals, and thus forced cataclysmic shifts in American domestic and foreign policy.
A must-read for anyone concerned with the past, present, or future of American defense, Unintended Consequences offers a provocative perspective on the current predicament in Iraq and the conflicts sure to loom ahead of us.
Conflict Resolution in the Twenty-first Century is not only an essential introduction for students and scholars, it is a must-have guide for the men and women entrusted with creating stability and security in our changing world.
Cover illustration © iStockphoto.com
For hundreds of years, military intervention in another country was considered taboo and prohibited by international law. Since 1992, intervention has often been described as an international responsibility, and efforts have been made to give it legal justification. This extraordinary change in perceptions has taken place in only the space of a decade.
Military Intervention after the Cold War: The Evolution of Theory and Practice explores how and why this change took place, looking at how both ideas and actions changed in the post-Cold War period to make military intervention a tool of international security and a defining characteristic of the international system. Although intervention is often touted as a strategy to rebuild collapsed states, successful interventions are rare. Andrea Kathryn Talentino argues that standards of human rights and responsible governance have become part of the definition of international security. She addresses questions that are vital in the post-9/11 world, where weak and collapsed states are recognized as permissive and at times supportive environments for criminal actors.
The specter of terrorism has further emphasized the need to understand why military intervention is undertaken and how it could be more effective. Scholars, graduate and undergraduate students, and readers interested in understanding global interdependence will find Military Intervention after the Cold War an indispensable book.
“[Fanis] demonstrates an impressive ability to travel nimbly between abstract theoretical concepts and a messy reality. In each one of the case study chapters, her analysis is rich, thoughtful, and imaginative.”
—Ido Oren, University of Florida
Since 1945, the average length of civil wars has increased three-fold. What can explain this startling fact? It can't be ethnic hatreds and injustices—these have been around for centuries. In Neverending Wars, Ann Hironaka points to the crucial role of the international community in propping up many new and weak states that resulted from the decolonization movement after World War II. These impoverished states are prone to conflicts and lack the necessary resources to resolve them decisively. International aid and external military intervention from the international community often perpetuate such conflicts. And the Cold War further exacerbated the problem by providing large amounts of military aid. The continual infusion of weapons and resources can prolong such wars indefinitely.
This timely book will provide an entirely new way to look at recent, vicious civil wars, failed states, and the terrorist movements that emerge in their wake.
In January 1995, fighting broke out between Ecuadorian and Peruvian military forces in a remote section of the Amazon. It took more than three years and the interplay of multiple actors and factors to achieve a definitive peace agreement, thus ending what had been the region's oldest unresolved border dispute. This conflict and its resolution provide insights about other unresolved and/or disputed land and sea boundaries which involve almost every country in the Western Hemisphere.
Drawing on extensive field research at the time of the dispute and during its aftermath, including interviews with high-ranking diplomats and military officials, Power, Institutions, and Leadership in War and Peace is the first book-length study to relate this complex border dispute and its resolution to broader theories of conflict. The findings emphasize an emerging leadership approach in which individuals are not mere captives of power and institutions. In addition, the authors illuminate an overlap in national and international arenas in shaping effective articulation, perception, and selection of policy.
In the “new” democratic Latin America that emerged in the late 1970s through the early 1990s, historical memory remains influential in shaping the context of disputes, in spite of presumed U.S. post–Cold War influence. This study offers important, broader perspectives on a hemisphere still rife with boundary disputes as a rising number of people and products (including arms) pass through these borderlands.
The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral?
Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.
Reports of sexual violence in armed conflict frequently appear in political discussions and news media, presenting a stark contrast to a long history of silence and nonrecognition. Conflict-related sexual violence has transitioned rapidly from a neglected human rights issue to an unambiguous security concern on the agendas of powerful states and the United Nations Security Council. Through interviews and primary-source evidence, Kerry F. Crawford investigates the reasons for this dramatic change and the implications of the securitization of sexual violence.
Views about wartime sexual violence began changing in the 1990s as a result of the conflicts in the former Yugoslavia and Rwanda and then accelerated in the 2000s. Three case studies—the United States' response to sexual violence in the Democratic Republic of Congo, the adoption of UN Security Council Resolution 1820 in 2008, and the development of the United Kingdom’s Preventing Sexual Violence in Conflict Initiative—illustrate that use of the weapon of war frame does not represent pure co-optation by the security sector. Rather, well-placed advocates have used this frame to advance the antisexual violence agenda while simultaneously working to move beyond the frame’s constraints. This book is a groundbreaking account of the transformation of international efforts to end wartime sexual violence.
How a Century of War Changed the Lives of Women looks at the remarkable impact of war on women in Britain. It shows how conflict has changed women’s lives and how those changes have put women at the centre of peace campaigning.
Lindsey German, one of the UK's leading anti-war activists and commentators, shows how women have played a central role in anti-war and peace movements, including the recent wars in Afghanistan and Iraq. The women themselves talk about how they overcame prejudice and difficulty to become active. The book integrates this experience with a historical overview, analysing the two world wars as catalysts of social change for women. It looks at how the changing nature of war, especially the involvement of civilians, increasingly involves significant numbers of women.
As well as providing an inspiring account of women's opposition to war, the book also tackles key contemporary developments, challenging negative assumptions about Muslim women and showing how anti-war movements are feeding into a broader desire to change society.
The story of the intrepid young women who volunteered to help and entertain American servicemen fighting overseas, from World War I through the wars in Afghanistan and Iraq.
The emotional toll of war can be as debilitating to soldiers as hunger, disease, and injury. Beginning in World War I, in an effort to boost soldiers’ morale and remind them of the stakes of victory, the American military formalized a recreation program that sent respectable young women and famous entertainers overseas.
Kara Dixon Vuic builds her narrative around the young women from across the United States, many of whom had never traveled far from home, who volunteered to serve in one of the nation’s most brutal work environments. From the “Lassies” in France and mini-skirted coeds in Vietnam to Marlene Dietrich and Marilyn Monroe, Vuic provides a fascinating glimpse into wartime gender roles and the tensions that continue to complicate American women’s involvement in the military arena. The recreation-program volunteers heightened the passions of troops but also domesticated everyday life on the bases. Their presence mobilized support for the war back home, while exporting American culture abroad. Carefully recruited and selected as symbols of conventional femininity, these adventurous young women saw in the theater of war a bridge between public service and private ambition.
This story of the women who talked and listened, danced and sang, adds an intimate chapter to the history of war and its ties to life in peacetime.
In the last half century, the nature of war has changed dramatically. Wars in the post–Cold War period have occurred mainly within national borders rather than between sovereign states. In these conflicts, civilians are increasingly the deliberate targets of war rather than accidental victims. Women and children in particular have become the intentional targets of murder, rape, and kidnapping.
The book focuses on the impact of war on women and girls, and the potential for women as peacemakers. The text addresses major policy issues facing organizations involved in humanitarian assistance, and highlights actions to address and resolve armed violence and conflict.
Wounds of War presents ten country profiles, along with information on eleven key topics related to the impacts of war, including the economies of war, small arms and light weapons, landmines, violence against women and girls, and missing persons.
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice.
The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.
Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.
Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
This is the sixteenth volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today's undergraduates, Greekless scholars in other disciplines, and the general public.
Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few.
This volume assembles twenty-two speeches previously published in the Oratory series. The speeches are taken from a wide range of different kinds of cases—homicide, assault, commercial law, civic status, sexual offenses, and others—and include many of the best-known speeches in these areas. They are Antiphon, Speeches 1, 2, 5, and 6; Lysias 1, 3, 23, 24, and 32; Isocrates 17, 20; Isaeus 1, 7, 8; Hyperides 3; Demosthenes 27, 35, 54, 55, 57, and 59; and Aeschines 1. The volume is intended primarily for use in teaching courses in Greek law or related areas such as Greek history. It also provides the introductions and notes that originally accompanied the individual speeches, revised slightly to shift the focus onto law.
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere.
Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs.
“McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete…McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.”
—Harvard Law Review
“McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both…McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.”
—Patrick McKinley Brennan, Review of Metaphysics
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