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About this product
- DescriptionDeclaring War directly challenges the 200-year-old belief that 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 Congress to declare war. It 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 re-organization 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.
- Author BiographyBrien 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.
- Author(s)Brien Hallett
- PublisherCambridge University Press
- Date of Publication13/08/2012
- SubjectNational Law: Professional
- Place of PublicationCambridge
- Country of PublicationUnited Kingdom
- ImprintCambridge University Press
- Content Note10 b/w illus. 10 tables
- Weight360 g
- Width152 mm
- Height228 mm
- Spine14 mm
- Format DetailsTrade paperback (US)
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