{"title":"在使用武力方面达到合规性:在空中瞄准行动中制造和维持迫在眉睫的威胁","authors":"ALEXANDER HOLDER","doi":"10.1111/jols.12459","DOIUrl":null,"url":null,"abstract":"<p>This article provides a socio-legal analysis of the ways in which military personnel orient to the laws of war as they seek to produce and maintain lawful targets for the use of force. In order to further empiricize debates surrounding the United States’ (US) controversial interpretations of core concepts in the laws of war, the article takes up the concept of ‘imminence’ – which is fundamental to the doctrine of anticipatory self-defence – and details its consequential role within a civilian casualty incident that occurred in Afghanistan in 2010. By analysing the talk of personnel involved in that operation, the article details the ways in which a drone crew and Special Forces team constructed the ‘here-and-now’ meaning and relevance of imminence in order to ensure the lawfulness of the strike. In doing so, the article demonstrates that the US’ contemporary orientations to the laws of war expand the scope for lawful violence.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 4","pages":"433-454"},"PeriodicalIF":1.3000,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Achieving compliance in the use of force: the production and maintenance of an imminent threat in an aerial targeting operation\",\"authors\":\"ALEXANDER HOLDER\",\"doi\":\"10.1111/jols.12459\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article provides a socio-legal analysis of the ways in which military personnel orient to the laws of war as they seek to produce and maintain lawful targets for the use of force. In order to further empiricize debates surrounding the United States’ (US) controversial interpretations of core concepts in the laws of war, the article takes up the concept of ‘imminence’ – which is fundamental to the doctrine of anticipatory self-defence – and details its consequential role within a civilian casualty incident that occurred in Afghanistan in 2010. By analysing the talk of personnel involved in that operation, the article details the ways in which a drone crew and Special Forces team constructed the ‘here-and-now’ meaning and relevance of imminence in order to ensure the lawfulness of the strike. In doing so, the article demonstrates that the US’ contemporary orientations to the laws of war expand the scope for lawful violence.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"50 4\",\"pages\":\"433-454\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2023-11-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.12459\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12459","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Achieving compliance in the use of force: the production and maintenance of an imminent threat in an aerial targeting operation
This article provides a socio-legal analysis of the ways in which military personnel orient to the laws of war as they seek to produce and maintain lawful targets for the use of force. In order to further empiricize debates surrounding the United States’ (US) controversial interpretations of core concepts in the laws of war, the article takes up the concept of ‘imminence’ – which is fundamental to the doctrine of anticipatory self-defence – and details its consequential role within a civilian casualty incident that occurred in Afghanistan in 2010. By analysing the talk of personnel involved in that operation, the article details the ways in which a drone crew and Special Forces team constructed the ‘here-and-now’ meaning and relevance of imminence in order to ensure the lawfulness of the strike. In doing so, the article demonstrates that the US’ contemporary orientations to the laws of war expand the scope for lawful violence.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.