Between Rules of War and Rule of Law: Legitimation as a Strategic Practice in Norm Transformation

By: Dorte Hühnert-Hugendubel

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Synopsis: This book examines the legitimation practices of Presidents Bush and Obama in the transformation of detention norms in the war on terror. The focus is on the conflict between the US use of force and the commitment to protective norms of legitimate force. The central question is how both presidents used legitimation to justify normative changes in detention law, especially indefinite detention. The study analyzes strategic legitimation activities in the security policy discourse in which norms of legitimate violence shift from containing it to enabling it. The approach combines IR norms research and international law with a pragmatic-abductive method. Using case studies, event analysis and speeches, it examines how Bush and Obama used legalization and justification strategies to transform norms in the Guantanamo case. The resulting patterns lead to a concept of strategic practices of legitimation to justify violence in breach with international law.

Book Quality:: Publisher Quality
ISBN-13:: 9783658491215
Related ISBNs:: 9783658491208
Publisher:: Springer Fachmedien Wiesbaden
Date of Addition:: 09/19/25
Copyrighted By:: The Editor
Adult content:: No
Language:: English
Has Image Descriptions:: No
Categories:: Nonfiction, Law, Legal Issues and Ethics, Politics and Government
Submitted By:: Bookshare Staff
Usage Restrictions:: This is a copyrighted book.