Lawfare and the End of History

This paper focuses on the modern practice of using law, both national and international, to achieve policy goals and political ends that usually are the result of tactical military action. Lawfare, as this practice is referred to, is now a crucial tactic in the modern era of international relations, where war is largely carried out in a far from traditional manner. Lawfare, then, is a unique form of irregular warfare that can be employed by nations against one another and against insurgents in asymmetrical conflicts at home and abroad. This new reliance on irregular and asymmetrical warfare generally and lawfare specifically is reflective of Hegel’s view of the end of history, particularly as articulated by Alexandre Kojève. Basically, that as individuals gain equal recognition, the mode of satisfying desire will necessarily take the form of law and bureaucracy.

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