《人道主义:美国如何放弃和平,重新发明战争》塞缪尔·莫恩著。纽约:Farrar, Straus and Giroux, 2021。416页。

IF 2.7 2区 社会学 Q1 INTERNATIONAL RELATIONS
D. Kaye
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引用次数: 0

摘要

读者是否理解这些案例研究如何融入更广泛的国际法和公司有罪不罚现象。这篇评论中对面纱力量论点的提炼比书本身更清楚,这篇评论的大部分内容都是通过指出分析“暗示”来推断的,因为卢斯蒂格经常停留在描述和她自己的兴趣层面。事实上,这本书的引言和结论错过了将这项研究置于更大对话中的机会,也错过了更充分地引出作者的坚定信念的机会,即法律决策者的选择,而不是硬性法律本身,支撑着公司的面纱。可以看出,这本书并没有完全概括作者对这个主题的想法。最缺少的,也许是续集中的一些东西,是卢斯蒂格如此仔细描述的选择的原因。研究法律决策者做了什么和没有做什么本身永远不会揭示为什么某些选择占上风。当决策者选择具体的道路时,我们可以更清楚地了解他们担心什么。我们可以更清楚地了解立法者不明确企业责任的决定。我们可以更深入地了解法官和律师的背景可能会产生解释偏好。然而,这本书的巨大贡献是非常清楚地表明,在某些选择和时刻,勇敢地承担企业责任是可能的,但却被回避了。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Humane: How the United States Abandoned Peace and Reinvented War. By Samuel Moyn. New York: Farrar, Straus and Giroux, 2021. Pp. 416.
does the reader understand how these case studies fit into a larger sweep of international law and corporate impunity. The distillation of Veiled Power’s argument offered in this review is clearer than that found in the book itself, and much of this review extrapolates by noting that the analysis “implies,” since Lustig too often stays at the level of description and her own interests. Indeed the book’s introduction and conclusion are missed opportunities to situate this study into the larger conversation, and to draw out more fully the author’s firm belief that the choices of legal decisionmakers, more than hard law itself, sustain the corporate veil. One can tell that this book does not fully encapsulate the author’s thoughts on the topic. What is most missing, and perhaps something for a sequel, is the why of the choices Lustig so carefully describes. By itself, studying what legal decisionmakers did and did not do will never reveal why certain choices prevailed. We could have a greater sense of what decisionmakers worried about when they chose the specific path. We could have a greater sense of the lawmaker’s decision to not articulate corporate responsibilities. We could have a greater sense of how the background of judges and lawyers perhaps creates interpretive predilections. Yet the overwhelming contribution of this book is to make it very clear that there were choices and moments when a braver approach to corporate responsibility was possible but eschewed.
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来源期刊
CiteScore
3.50
自引率
16.30%
发文量
84
期刊介绍: AJIL is a leading peer-reviewed journal, published quarterly since 1907. It features articles, essays, editorial comments, current developments, and book reviews by pre-eminent scholars and practitioners from around the world addressing developments in public and private international law and foreign relations law. The Journal also contains analyses of decisions by national and international courts and tribunals as well as a section on contemporary U.S. practice in international law. AJIL and AJIL Unbound are indispensable for all professionals working in international law, economics, trade, and foreign affairs.
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