Explanations range across cultural, professional, ideological, psychological, political, philosophical, functional, and theological domains
Along continuum of decreasing tenability in terms of what the scholarly enterprise has traditionally been understood to embrace and increasing venality in regard to what might be expected as part of the incidents and burdens of citizenship
jurisphilia: (1) spies the sin of de-legalization in every method or means implicating LOAC (detention, interrogation, targeting, and prosecution policies), (2) battling apostates for restoration of LOAC, (3) most powerful weapon against terrorists is our commitment to the rule of law,” and if the policies and personnel who design and implement them are antithetical to this commitment, these policies and personnel as the primary threats to the nation
Cosmopolitanism: (1) war is an unmitigated evil threatening pacifism, multilateralism, and legal institutionalism, (2) international community has a…pressing obligation to subject the [US] to far more…rigorous forms of accountability” and U.S. unilateralism threatens peace
end of history: (1) all ideological contestation over the foundations for organizing human political communities is over, (2) peoples everywhere agree on democracy, rule-of-law, free markets, and human rights, (3) nationalism, religion, and ethnicity withered away to be replaced by reason, economic integration, and modernity (4) end of politics and the end of politics by other means—war—thereby ushering in perpetual peace so LOAC can be interpreted to constrain states
flawed analogy to civil rights movement: analogizes the war with Islamism, and the policies crafted to win it, as a revivification of the discrimination that spawned the CRM, with Muslims standing in for African-Americans, reviled not for race but for their faith; (2) ordinary Muslims” are punished for the crimes of “Muslim barbarian[s]” for whom they are not responsible; fear and prejudice and not danger motivate detention, interrogation, and prosecution
Explanations range across cultural, professional, ideological, psychological, political, philosophical, functional, and theological domains
Explanations range across cultural, professional, ideological, psychological, political, philosophical, functional, and theological domains
Along continuum of decreasing tenability in terms of what the scholarly enterprise has traditionally been understood to embrace and increasing venality in regard to what might be expected as part of the incidents and burdens of citizenship
jurisphilia: (1) spies the sin of de-legalization in every method or means implicating LOAC (detention, interrogation, targeting, and prosecution policies), (2) battling apostates for restoration of LOAC, (3) most powerful weapon against terrorists is our commitment to the rule of law,” and if the policies and personnel who design and implement them are antithetical to this commitment, these policies and personnel as the primary threats to the nation
Cosmopolitanism: (1) war is an unmitigated evil threatening pacifism, multilateralism, and legal institutionalism, (2) international community has a…pressing obligation to subject the [US] to far more…rigorous forms of accountability” and U.S. unilateralism threatens peace
end of history: (1) all ideological contestation over the foundations for organizing human political communities is over, (2) peoples everywhere agree on democracy, rule-of-law, free markets, and human rights, (3) nationalism, religion, and ethnicity withered away to be replaced by reason, economic integration, and modernity (4) end of politics and the end of politics by other means—war—thereby ushering in perpetual peace so LOAC can be interpreted to constrain states
flawed analogy to civil rights movement: analogizes the war with Islamism, and the policies crafted to win it, as a revivification of the discrimination that spawned the CRM, with Muslims standing in for African-Americans, reviled not for race but for their faith; (2) ordinary Muslims” are punished for the crimes of “Muslim barbarian[s]” for whom they are not responsible; fear and prejudice and not danger motivate detention, interrogation, and prosecution
skepticism of executive power: (1) U.S. policies violations of moral absolutes that fuel “[a] threat of tyrannical government…greater than whatever threat…the worst terrorists may pose[.]”; (2) even if an argument from necessity supports U.S. war policies the Con is more improtant than survival; (3) U.S. policies are an “effort to [expand executive] power…by invoking the metaphor of war” or (4) erect a police state; (5) goal is to outlaw, or render too politically costly, indefinite detention, coercive interrogation, and TK, (6) privilege what they deem “healthy democratic…accountability” over national security
skepticism of executive power: (1) U.S. policies violations of moral absolutes that fuel “[a] threat of tyrannical government…greater than whatever threat…the worst terrorists may pose[.]”; (2) even if an argument from necessity supports U.S. war policies the Con is more improtant than survival; (3) U.S. policies are an “effort to [expand executive] power…by invoking the metaphor of war” or (4) erect a police state; (5) goal is to outlaw, or render too politically costly, indefinite detention, coercive interrogation, and TK, (6) privilege what they deem “healthy democratic…accountability” over national security
issue-entreprenuerism: (1) stake out revisionist claims at odds with the sedimented views of states and orthodox scholars and equating self-defense with aggression, interrogation with torture, TK with murder, and patriots with war criminals, (2) earn tenure and named chairs
