Lawfare: Waging War through Law

The book examines the criminal prosecution of former Brazilian President Lula and argues that lawfare is a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies. It offers a sophisticated theoretical approach to lawfare, combining the theory of war and the theory of law.

Format: Hardback
Length: 92 pages
Publication date: 14 June 2021
Publisher: Taylor & Francis Ltd

This comprehensive book delves into one of the most notable instances of lawfare in contemporary times: the criminal prosecution of former Brazilian President Luiz Inácio Lula da Silva. The authors argue that lawfare is not merely a catchphrase or a tool used for the benefit of any particular political ideology. Rather, it encompasses a complex and multifaceted phenomenon that demands careful contemplation in modern constitutional democracies, particularly as it has the potential to undermine majority rule and the rule of law. They contend that lawfare involves the strategic deployment of the law to delegitimize, harm, or eliminate an adversary.

The literature on lawfare tends to either focus solely on one aspect of the phenomenon or consists of extensive case studies. To address this gap, this book revisits the topic and presents a sophisticated theoretical framework for lawfare, combining the theories of war and law in an unprecedented manner.

The book will appeal to students, researchers, and policymakers engaged in the fields of public law, international law, procedural law, anthropology of law, sociology of law, political science, and international relations. Its insights will contribute to a deeper understanding of the dynamics and implications of lawfare in the modern world.

Weight: 264g
Dimension: 145 x 223 x 14 (mm)
ISBN-13: 9780367745141