Ethics And The Laws Of War

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Law and Morality at War

Author : Adil Ahmad Haque
Publisher : Oxford University Press
ISBN 13 : 0199687390
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Law and Morality at War by : Adil Ahmad Haque

Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.

The Oxford Handbook of Ethics of War

Author : Seth Lazar
Publisher : Oxford University Press
ISBN 13 : 0199944393
Total Pages : 496 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar

Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

The Ethics of War and the Force of Law

Author : Uwe Steinhoff
Publisher : Routledge
ISBN 13 : 1000260038
Total Pages : 316 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis The Ethics of War and the Force of Law by : Uwe Steinhoff

Download or read book The Ethics of War and the Force of Law written by Uwe Steinhoff and published by Routledge. This book was released on 2020-11-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"— the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.

The Ethics of War

Author : Saba Bazargan
Publisher : Oxford University Press
ISBN 13 : 0199376158
Total Pages : 305 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Ethics of War by : Saba Bazargan

Download or read book The Ethics of War written by Saba Bazargan and published by Oxford University Press. This book was released on 2017-01-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

Ethics, Law and Military Operations

Author : David Whetham
Publisher : Red Globe Press
ISBN 13 : 023022170X
Total Pages : 0 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Ethics, Law and Military Operations by : David Whetham

Download or read book Ethics, Law and Military Operations written by David Whetham and published by Red Globe Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many legal textbooks on the laws of armed conflict and academic works on ethical issues in international relations, this is the first text on the relevance of legal and normative issues in military practice. It covers the entire spectrum of military operations and is written with military deicision-makers particularly in mind.

The Ethics of War

Author : A. J. Coates
Publisher : Manchester University Press
ISBN 13 : 9780719040467
Total Pages : 326 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Ethics of War by : A. J. Coates

Download or read book The Ethics of War written by A. J. Coates and published by Manchester University Press. This book was released on 1997-09-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on examples from the history of warfare from the crusades to the present day, "The ethics of war" explores the limits and possibilities of the moral regulation of war. While resisting the commonly held view that 'war is hell', A.J. Coates focuses on the tensions which exist between war and morality. The argument is conducted from a just war standpoint, though the moral ambiguity and mixed record of that tradition is acknowledge and the dangers which an exaggerated view of the justice or moral worth of war poses are underlined. In the first part, the broad image of the just war is compared with the competing images of realism, militarism and pacifism. In the second part, the moral issues associated both with the decision to go to war and with the manner in which war is conducted are explored. Was the allied decision to go to war in the Gulf premature? were economic sanctions a more effective and morally preferable option? was Britain justified in going to war over the Falklands? did the allied bombing of Germany in the Second World War constitute a war crime? should the IRA's claim to belligerent status be recognised? these questions and more are raised in this important book.

War by Agreement

Author : Yitzhak Benbaji
Publisher : Oxford University Press, USA
ISBN 13 : 0199577196
Total Pages : 230 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis War by Agreement by : Yitzhak Benbaji

Download or read book War by Agreement written by Yitzhak Benbaji and published by Oxford University Press, USA. This book was released on 2019 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military) by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players-- the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war"--

The Ethics of War

Author : Richard Sorabji
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754654490
Total Pages : 270 pages
Book Rating : 4.6/5 (544 download)

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Book Synopsis The Ethics of War by : Richard Sorabji

Download or read book The Ethics of War written by Richard Sorabji and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries. Distinguished authors reflect how the Greco-Roman world, Byzantium, the Christian just war tradition, Islam, Judaism, Hinduism and the Geneva Conventions have addressed recurrent ethical issues of war. Cutting edge essays by prominent modern theorists address vital contemporary issues including asymmetric war, preventive war, human rights and humanitarian intervention.

Ethics and the Laws of War

Author : Antony Lamb
Publisher : Routledge
ISBN 13 : 1136255427
Total Pages : 173 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Ethics and the Laws of War by : Antony Lamb

Download or read book Ethics and the Laws of War written by Antony Lamb and published by Routledge. This book was released on 2013-05-29 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.

The Ashgate Research Companion to Military Ethics

Author : James Turner Johnson
Publisher : Routledge
ISBN 13 : 1317042611
Total Pages : 467 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Ashgate Research Companion to Military Ethics by : James Turner Johnson

Download or read book The Ashgate Research Companion to Military Ethics written by James Turner Johnson and published by Routledge. This book was released on 2016-03-23 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.

War and Peace in Outer Space

Author : Cassandra Steer
Publisher : Oxford University Press, USA
ISBN 13 : 0197548687
Total Pages : 335 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis War and Peace in Outer Space by : Cassandra Steer

Download or read book War and Peace in Outer Space written by Cassandra Steer and published by Oxford University Press, USA. This book was released on 2021-01-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric towards a more offensive approach to defense in space. The U.S. move towards establishing a "Space Force" has been echoed by similar announcements in France and Japan. India launched an anti-satellite weapon test and announced proudly that it thereby joined the elite group of China, Russia and the U.S., who have all demonstrated this capability in the past. And as technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War-type arms race, and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision-makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats and policy advisors"--

Military Medical Ethics, Volume 1

Author :
Publisher : DIANE Publishing
ISBN 13 : 1428910654
Total Pages : 436 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis Military Medical Ethics, Volume 1 by :

Download or read book Military Medical Ethics, Volume 1 written by and published by DIANE Publishing. This book was released on with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Laws of War in International Thought

Author : Pablo Kalmanovitz
Publisher : Oxford University Press, USA
ISBN 13 : 0198790252
Total Pages : 209 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Laws of War in International Thought by : Pablo Kalmanovitz

Download or read book The Laws of War in International Thought written by Pablo Kalmanovitz and published by Oxford University Press, USA. This book was released on 2020-09-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.

Routledge Handbook of Ethics and War

Author : Fritz Allhoff
Publisher : Routledge
ISBN 13 : 1136260994
Total Pages : 605 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Routledge Handbook of Ethics and War by : Fritz Allhoff

Download or read book Routledge Handbook of Ethics and War written by Fritz Allhoff and published by Routledge. This book was released on 2013-06-26 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.

Military Necessity

Author : Nobuo Hayashi
Publisher : Cambridge University Press
ISBN 13 : 1108484719
Total Pages : 453 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Military Necessity by : Nobuo Hayashi

Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

Law and Sentiment in International Politics

Author : David Traven
Publisher : Cambridge University Press
ISBN 13 : 1108845002
Total Pages : 327 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Law and Sentiment in International Politics by : David Traven

Download or read book Law and Sentiment in International Politics written by David Traven and published by Cambridge University Press. This book was released on 2021-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

Of War and Law

Author : David Kennedy
Publisher : Princeton University Press
ISBN 13 : 1400827361
Total Pages : 207 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Of War and Law by : David Kennedy

Download or read book Of War and Law written by David Kennedy and published by Princeton University Press. This book was released on 2009-01-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.