Declaring war : (Record no. 16581)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 02570cam a2200193 i 4500 |
| INTERNATIONAL STANDARD BOOK NUMBER | |
| ISBN | 9781107026926 |
| INTERNATIONAL STANDARD BOOK NUMBER | |
| ISBN | 9781107608573 |
| DEWEY DECIMAL CLASSIFICATION NUMBER | |
| Classification number | KC1355.2.G1 .H34 2012 |
| MAIN ENTRY--AUTHOR NAME | |
| Personal name | Hallett, Brien. |
| TITLE STATEMENT | |
| Title | Declaring war : |
| Remainder of title | Congress, the president, and what the constitution does not say / |
| Statement of responsibility, etc | Brien Hallett, University of Hawaiʻi-Manoa, Matsunaga Institute of Peace. |
| Copyright Date | |
| Place of publication | UNITED STATES OF AMERICA |
| Name of publisher | CAMBRIDGE UNIVERSITY PRESS |
| Year of publication or production | 2012 |
| PHYSICAL DESCRIPTION | |
| Number of Pages | xvii, 273 pages ; |
| FORMATTED CONTENTS NOTE | |
| Formatted contents note | Machine generated contents note: 1. A constitutional tyranny and presidential dictatorship; Part I. What Is the History?: 2. How the president declares war: the War of 1812; 3. Why the Congress ought not declare war: the Spanish-American War, 1898; 4. A plan for acquiescence: the War Powers Resolution of 1973; Part II. What Is a Declaration of War?: 5. Declaring and commanding: forms, functions, and relationships; 6. Lawful and unlawful declarations of war: quantity over quality; 7. Six possible structures; Part III. What Are the Solutions?: 8. A constitutional amendment; 9. A congressional work-around; Part IV. What Is the Theory?: 10. Bellum justum et pium: the rule of law and roman piety; 11. The rule of law: searching for ontology; 12. Senator Malcolm Wallop; Appendix I. Five congressional declarations of war and one appropriations act; Appendix II. The federative powers in parliamentary governments. |
| SUMMARY, ETC. | |
| Summary, etc | "Declaring War directly challenges the 200-year-old belief that the 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 the Congress to declare war. This book 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 reorganization 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 to investigate why and how a 'public announcement' is essential for the social construction of both war and the rule of law"-- |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | War, Declaration of |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | War and emergency powers |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | LAW / Constitutional. |
| ADDED ENTRY ELEMENTS (KOHA) | |
| Source of classification or shelving scheme | moys |
| Koha item type | Books |
| Permanent Location | Current Location | Date acquired | Full call number | Accession Number | Koha item type |
|---|---|---|---|---|---|
| FACULTY OF LAW LIBRARY | FACULTY OF LAW LIBRARY | 09/23/2025 | KC1355.2.G1 .H34 2012 | 0028677 | Books |