dstephens at sjd.law.harvard.edu
The Role of Law in Military Decision Making: Lawfare or Law Fair?
My project seeks to reveal the manner in which law is synthesized within the military decision-making structure. The central focus of my study will be on decision-making undertaken within the context of national security, with particular emphasis on the exercise of discretion under the Law of Armed Conflict (LOAC). The principal themes I will canvass include the ‘traction’ of law in influencing national security and LOAC decisions with particular reference to the salience of underlying socio-legal norms, the normative character of the Law of Armed Conflict and its pre-dominant interpretative methodology and the modalities of dispensing legal advice in military command decision-making.
- A Normative Assessment of the Law of Armed Conflict and Its Interpretative Methodologies with Professor David Kennedy, Brown University and Visiting Professor Harvard Law School, Overall Faculty Supervisor
- Socio-Legal Analysis of Norm Building and Compliance with Professor Ryan Goodman, Harvard Law School.
- The Taxonomy of Government Legal Advice in Relation to NationalSecurity/Military Operations with Professor Jack Goldsmith, Harvard Law School.
- Public International Law
- Legal and Political Theory
- Legal Profession
- Military Ethics
- Harvard Law School, S.J.D. Candidate 2009 - Present
- Harvard Law School, LL.M 2004
- Melbourne University, LL.M 2003
- South Australia Institute of Technology, GDLP 1990
- Adelaide University, LL.B (Hons) 1989
- Flinders University of South Australia, B.A. 1985
- Director Military Law Centre, 2006 – 2008 Sydney, Australia (Course co-ordinator with the Australian National University).
- Deputy Director Asia Pacific Centre for Military Law (joint venture with Melbourne University), 2006 – 2008, Sydney, Australia.
- Dale Stephens, “Coalition Warfare: Challenges and Opportunities” in The Law of War in the 21st Century: Weaponry and the Use of Force (ed. A. Helm), 82 International Law Studies, 245 (2006).
- Dale Stephens (with Michael Lewis), “The Law of Armed Conflict – A Contemporary Critique”, 6 Melbourne Journal of International Law, 55 (2006).
- Dale Stephens (with Angeline Lewis), “The Targeting of Civilian Contractors in Armed Conflict”, 9 Yearbook of International Humanitarian Law 25 (2006).
- Dale Stephens, The Use of Force in Peacekeeping Operations, Monograph, (2005).
- Captain, Royal Australian Navy.
Last Updated: [May 27, 2009]