The Law of Armed Conflict最新文献

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.005

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Rules of Engagement 交战规则

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.013

Rebecca Tushnet

{"title":"Rules of Engagement","authors":"Rebecca Tushnet","doi":"10.1017/9781108917797.013","DOIUrl":"https://doi.org/10.1017/9781108917797.013","url":null,"abstract":"In 1997, millionaire John Lattanzio sued model Ines Misan for the return of half a million dollars in gifts he had given her, allegedly in the hope that she would marry him. The scandal died down when they settled, Misan keeping gifts worth $210,000 and returning an engagement ring worth $290,000.' The settlement probably replicated what a court would have done,2 which raises the question: Why does the law treat engagement rings differently from other gifts? The answer is rooted in a history in which courts generally entertained litigation over broken engagements. As legislatures slowly abolished actions for breach of promise to marry in the early and middle decades of this century, on the grounds that such actions were inconsistent with modem understandings of love and marriage, one potential fact pattern for successful plaintiffs emerged: the case in which a man sues a woman for the return of his engagement gifts. The history and logic of this body of law-the rules of engagementinvite examination. Most discussions of the role of the law in regulating marital relations assume that the law begins its control at the time of the marriage ceremony. The state prescribes who can marry, and how; the state also determines the terms upon which marriages can be dissolved. The assumption is that the law's effects on premarital behavior are indirect consequences of this post-ceremonial regulation. Most analyses of family law do not recognize the direct regulation of premarital behavior as a part of the no-fault regime that has grown up around marriage. This failure to examine premarital law has prevented commentators from evaluating the ideas about property embedded in the current premarital legal regime, particularly the gendered consequences of that regime. It has also encouraged legal analysts to consider questions of the definition of property and the nature of promises to marry as settled and irrelevant to other areas of the law. This inattention is a mistake. It should be no surprise that","PeriodicalId":161088,"journal":{"name":"The Law of Armed Conflict","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124378742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Cyber in the Law of Armed Conflict 武装冲突法中的网络

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.018

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Conflict Status 冲突状态

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.006

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Law of Armed Conflict’s Core Principles 武装冲突法的核心原则

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.008

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Targeting Objects 针对的对象

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.014

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Rules of War, Laws of War 战争规则，战争法

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.002

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AI, Autonomous Weapons, Drones, and Targeted Killing 人工智能、自主武器、无人机和定点杀伤

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.016

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Preface and Acknowledgments 前言及致谢

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.001

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Individual Battlefield Status 个人战场状态

The Law of Armed Conflict Pub Date : 2021-10-21 DOI: 10.1017/9781108917797.007

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