To prevent a global disaster we badly need to stop the escalation of international conflicts, like the one between North Korea and the US. But how can we open the way to de-escalation? And can law or mediation contribute anything here?
We tend to respond to the taking away behaviour of terrorists and criminals in general by taking away even more from them, and focus as a result on what we do not want in our world. Yet it is important to shift our focus to what we actually do want.
To what extent does an authoritarian regime still need to justify its course by reference to law? Hart’s classic distinction between primary& secondary legal rules offers a useful tool for analyzing politico-legal contestations in (post-)conflict societies