The Rule-Outcome Paradox, Madness Cascades and the Fog of Preemption: Seeking the Best Rule for Use of Force

Authors

David D. Caron

Abstract

The National Security Strategy emphasizes outcomes as opposed to process. This paper discusses the differences between those who value process and those who seek immediate answers to a dangerous situation presented before them, particularly in relation to the Bush Administration's actions in Iraq. Those who value process speak in terms of the law and look to see how actions will effect the future. Those who value outcomes will emphasize the reality of the moment. These viewpoints divide the reactions to the Bush Administration's threat prevention use of force doctrine.

Recommended Citation

David D. Caron, The Rule-Outcome Paradox, Madness Cascades and the Fog of Preemption: Seeking the Best Rule for Use of Force, 27 Hastings Int'l & Comp. L. Rev. 481 (2004).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol27/iss3/6