While it is a truism to observe that if humans were angels, law would be unnecessary, we could equally turn the truism around, and note that if humans were devils, law would be pointless. In this sense, the law-making project always presupposes the improvability, if not the perfectibility, of humankind. Whether our view of human nature tends toward Hobbesian grimness or Rousseauian equanimity, we tend to think of law as critical to reducing brutality and violence.

We prefer to imagine brutal wars and atrocities as events that "just happen" every now and then, much like tornadoes or lightning strikes; this metaphor suggests that we can't generalize from them, since they are radically discontinuous with ordinary life. But wars and atrocities do not "just happen": societies and individuals slide into them, little by little, one tiny decision or omission at a time. (p214)

...And unpredictability can spread: one powerful outlier can pave the way for others, and as more states joint the outlier, the foundations of the rule of law begin to crumble.US counterterrorism practices--and the legal theories that under-pin them--are undermining the international rule of law in precisely this way...

It takes a whole government to really screw up a war. A dollop of American hubris goes a long way too.

It has often been our best instincts, not our worst, that have led us to do harm in the world

What line separates the lawful wartime targeting of an enemy combatant from the extrajudicial murder of a man suspected, but not convicted, of wrongdoing? (p8)