{"title":"《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。","authors":"D. Kaye","doi":"10.1017/ajil.2022.76","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"177 - 183"},"PeriodicalIF":2.7000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Humane: How the United States Abandoned Peace and Reinvented War. By Samuel Moyn. New York: Farrar, Straus and Giroux, 2021. Pp. 416.\",\"authors\":\"D. Kaye\",\"doi\":\"10.1017/ajil.2022.76\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":47841,\"journal\":{\"name\":\"American Journal of International Law\",\"volume\":\"117 1\",\"pages\":\"177 - 183\"},\"PeriodicalIF\":2.7000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"American Journal of International Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/ajil.2022.76\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/ajil.2022.76","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
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.
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.