Waging War through Law
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This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula.
The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon, or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law.
The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.
Table of Contents
Foreword by John Comaroff
Chapter 1: What is Lawfare?
Chapter 2: Strategic dimensions
Chapter 3: Tactics
Chapter 4: Paradigmatic Lawfare case studies
In Conclusion: A Point of Departure
Rafael Valim was Professor at the Pontifical Catholic University of São Paulo and is currently Simon Visiting Professor at the University of Manchester and Visiting Professor at Univerisité Le Havre Normandie. He is one of Brazil's leading scholars of law and has an active participation in the Brazilian public debate. He has published a number of monographs and articles, which have been translated into several languages. He is also Editor-in-Chief of Editora Contracorrente and has held many visiting positions in France, Spain, Portugal, Italy, the UK and in Latin America.
Cristiano Zanin Martins: Attorney. Expert in lawfare, transnational litigation, state investigations, and bet-the-company litigation. Member of the Brazilian Lawyers Institute (IAB) and the São Paulo Lawyers Association (AASP). Member of the International Bar Association (IBA). Co-founder of the Lawfare Institute. Coordinator of the legal defense of Luiz Inácio Lula da Silva, former President of Brazil, within "Operation Car Wash" and before the UN Human Rights Committee and other relevant proceedings pending before Brazilian courts.
Valeska T. Zanin Martins: Attorney. Expert in lawfare, transnational litigation, bet-the-company, and Corporate Law. Member of the International Bar Association (IBA). Coordinator of the legal defense of Luiz Inácio Lula da Silva, former President of Brazil, within "Operation Car Wash" and before the UN Human Rights Committee and other relevant proceedings pending before Brazilian courts.