The Verdict of Battle: The Law of Victory and the Making of Modern War
This event is co-sponsored by the Center for International Security and Cooperation and the Stanford Law School.
About the Topic: For most of human history, a pitched battle was deemed a lawful way of settling an international dispute--a kind of trial, with a kind of verdict. Today the idea of settling disputes by deliberately staging battles sounds utterly lawless. Yet the striking truth is that the battle warfare of the past was in important ways more civilized than the warfare of the present; and it is well worth asking whether we can still learn anything from the old forms of war. Those forms were founded on a forgotten species of the law of war. Modern law of war is humanitarian law, dedicated to preserving lives. But our ancestors' law of war was law of victory, dedicated to answering two legal questions: How do we know who won? What rights is the victor entitled to claim? Those questions sound coldblooded today, but they laid the groundwork for a practice of limited warfare.
About the Speaker: James Q. Whitman is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School and specializes in comparative law, criminal law, and legal history. He is the author of several prizewinning books, including Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe, The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial, and The Verdict of Battle: The Law of Victory and the Making of Modern War. He has published several notable articles, "The Two Western Cultures of Privacy: Dignity versus Liberty" which was published in the 2004 volume of The Yale Law Journal. Professor Whitman received a B.A. and a J.D. from Yale, an M.A. from Columbia, and a Ph.D. from the University of Chicago.
CISAC Conference Room
FSI researchers work to understand continuity and change in societies as they confront their problems and opportunities. This includes the implications of