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Publication date: 9 April 2003

Thomas M Hawley

This paper explores the political and legal issues contained in the law and jurisprudence surrounding missing American service personnel. It argues that the Missing Service…

Abstract

This paper explores the political and legal issues contained in the law and jurisprudence surrounding missing American service personnel. It argues that the Missing Service Personnel Act of 1995 is an effect of the legacy of the Vietnam War rather than a response to a particular legal problem. The essay further contends that we should be suspicious of the effort to transform the balance sheet of war into a justiciable legal question, primarily because the requirement to produce a body fails to disarm the representational economy in which the absent body constitutes a continuation of Vietnam War hostilities.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

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