| Declaring War Contributor(s): Hallett, Brien (Author) |
|
 |
ISBN: 1107608570 ISBN-13: 9781107608573 Publisher: Cambridge University Press OUR PRICE: $35.14 Product Type: Paperback - Other Formats Published: August 2012 |
| Additional Information |
| BISAC Categories: - Law | Constitutional |
| Dewey: 342.730 |
| LCCN: 2012012603 |
| Physical Information: 0.8" H x 6" W x 8.9" (0.85 lbs) 287 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: Declaring War directly challenges the 200-year-old belief that the Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898, and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of the Congress to declare war. This book invokes Carl von Clausewitz's dictum that war is policy to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral, and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function, and language of declarations of war, and John Austin's speech act theory to investigate why and how a public announcement is essential for the social construction of both war and the rule of law. |
Contributor Bio(s): Hallett, Brien: - Brien Hallett is an Associate Professor at the Matsunaga Institute for Peace at the University of Hawaii, Manoa, where he teaches courses in peace and conflict resolution, with a special interest in the thought of Gandhi, Martin Luther King and Vaclav Havel. His primary research interest is the declaration of war and the historical, legal, constitutional, moral and philosophical issues that surround it. Hallett is the author of The Lost Art of Declaring War (1998) and several encyclopedia articles. |
