Law, War and the Penumbra of Uncertainty by Sam Selvadurai - 9781316511985

Law, War and the Penumbra of UncertaintyLegal Cultures, Extra-legal Reasoning and the Use of Force\nAuthor(s): Sam Selvadurai\nFormat: Hardback\nPublisher: Cambridge University Press, United Kingdom\nImprint: Cambridge University Press\nISBN-13: 9781316511985, 978-1316511985\nSynopsis\nThis book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence as.