Internal War and the Search for Normative OrderThe present study is concerned with the development and the applica tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re gard revolutions which erupt in social violence as necessary social con ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities. |
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Internal War and the Search for Normative Order D. Oglesby,Roscoe Ralph Oglesby No preview available - 1971 |
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24th Congress acts Adams AJIL Ambrose Light American Civil application authority balance of power belligerent recognition belligerent rights bloc blockade Britain British century civil conflict civil strife civil wars colonial Confederacy Congress Cuba Cuban Cuban revolution Declaration Declaration of Paris desuetude developed Digest doctrine Droit International established existence fact facto government facto recognition Foreign Geneva Conventions grant of belligerent guerre civile high seas Ibid incumbent independence insurgent community insurgent government insurgent recognition insurrection interests internal wars international law international system intervention Johnson doctrine Lauterpacht law of nations Law Officers Majesty's Government McNair ment Moore Neutrality Act non-intervention norms of international O’Connell obligations opinion Padelford parent government parties political ports position practice President proclamation of neutrality rebels recognition of belligerency recognized relations revolution right of recognition Rosenau rule Russell sequestration law Seward situations of civil Smith Spain Spanish Civil status territory tion Type United Nations Wehberg