The Dark Side of Universal Justice: How Not to Think about International Law

Recent events such as the attacks of September 11, 2001 & their aftermath, as well as the invasion of Iraq, have raised new questions about the impact & role of law. Proceeding from this relatively narrow context, this article addresses the larger question concerning the role of internationa...

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Veröffentlicht in:Humanity & society 2004-11, Vol.28 (4), p.364-383
Hauptverfasser: McGuire, Steve, Green, Brian E.
Format: Artikel
Sprache:eng
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Zusammenfassung:Recent events such as the attacks of September 11, 2001 & their aftermath, as well as the invasion of Iraq, have raised new questions about the impact & role of law. Proceeding from this relatively narrow context, this article addresses the larger question concerning the role of international law in the modern context by examining the historical record of state formation, European expansion, & international law over the previous centuries. Presented here are numerous historical examples of the evolution of the modern history of international law as it relates to conquered people & disenfranchised minorities. The link between past injustice & present international violence is examined. In conclusion, it is argued that we should not think of international law as the embodiment of a moral foundation for universal fairness, but rather, particularly as it is applied today to peripheral groups, primarily as a legitimizing device for political, social, economic, & military control. 34 References.
ISSN:0160-5976
2372-9708
DOI:10.1177/016059760402800402