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Violence and Law in the Modern Age

NCJ Number
127492
Author(s)
A Cassese
Date Published
1988
Length
194 pages
Annotation
Using recent historic violent events sponsored by States, this book examines the tension between the State's use of violence and the use of law to restrain violence.
Abstract
One central concept of the book is that relations and tensions between the polar opposites of "force" and "law" changed in the international community after World War II, due largely to the genocide perpetrated against the Jewish people and the atomic bombs dropped on Japan. These events reveal to what extent States feel free to use violence. International law has sought to curb such violence, but pressure from conflicting economic and military interests as well as the clash of antagonistic ideologies has prevented "new" law from shaping the actions of States. A second fundamental concept of the book is that it would be a serious mistake to refuse to examine the relations between force and law in a nuclear age, given that the consequences of the failure of law to restrain force can have such devastating consequences. A third concept argued in the book is that public opinion both nationally and internationally must be marshalled against States' unreasonable and excessive use of force. Jurists who frame, enforce, and administer law must have the courage to act as instruments of public opinion against State violence. Chapter notes and a subject index