Legal Contestation about 'Enemy Combatants': On the Exercise of Power in Legal Interpretation
5 Journal of International Law & International Relations, Vol. 5, pp. 155-184, 2009
30 Pages Posted: 13 Mar 2011 Last revised: 15 Oct 2014
Date Written: 2009
Among the many battlegrounds in the 'war on terror' is one of semantics. In legal discourse, immediate consequences attach to the use of specific expressions, including those employed in relation to individuals captured and detained under the auspices of war. The paper develops and understanding of the exercise of power in legal interpretation, illustrates how such an understanding plays out in concrete practice, and discusses the merits of such critical constructivist research on norms.
Keywords: war on terror, enemy combatants, semantics, interpretation, power, critical constructivism
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