Russell A. Miller: Germany’s Basic Law and the Use of Force

Professor Russell A. Miller, the Ethan Allen Faculty Fellow, recently published his article, Germany’s Basic Law and the Use of Force, 17 Ind. J. Global Legal Stud. 197 (2010), published in the Indiana Journal of Global Legal Studies.

The article seeks to explain the deep differences between Germany and the United States on security matters and the showing of force. It argues that modern Germany’s deeply embedded reticence towards the use of force, which constantly places it in conflict with America’s more muscular vision of trans-Alanticism, has both roots and expression in the Basic Law, Germany’s version of a Constitution. Professor Miller concludes his article by suggesting that Germany’s constitutional use-of-force regime does more than provide insight into U.S. and German differences on matters of security, but that the German constitution might have achieved something more grand with its challenge to the persistent realist argument that force cannot be constrained by law.

Congratulations to Professor Miller on the publication of this article.

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