Book Description

Beyond the Law's Reach? argues that fundamental assumptions in contemporary political philosophy need to be rethought in the face of pervasive political violence. At an applied level, Nili develops this claim by delving into a series of specific controversies, all revolving around affluent democracies' policy responses to the threat of pervasive violence abroad. Examples include the ethics of giving refuge to beleaguered autocrats to avert civil war in their country, the ethics of prosecuting foreign officials who have colluded with drug cartels, and the admission of oligarchs who acquired their riches by distorting their country's rule of law. At a more theoretical level, the book shows that the moral principles needed to adjudicate these particular controversies can illuminate broader issues in normative political theory. These range from the philosophy of criminal punishment, through the relationship between the law's letter and its spirit, to the general plausibility of certain moral theories (and meta-theories) as public policy guides. Ranging from influential theories of justice to some of the hardest moral dilemmas facing communities and leaders struggling with the shadow of violence, this book explores the difficult circumstances in which we must aside not just the assumption of a stable liberal democracy, but even the dream of a clear path towards such democracy.