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On Just Cause In Law And The Morality Of War
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Book Synopsis On Just Cause in Law and the Morality of War by : Andreas Weiß
Download or read book On Just Cause in Law and the Morality of War written by Andreas Weiß and published by GRIN Verlag. This book was released on 2015-11-23 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2009 in the subject Politics - Political Theory and the History of Ideas Journal, grade: 1,3, University of Birmingham (Department of Political Science and International Studies), course: The Theory and Ethics of Terrorism and Political Violence, language: English, abstract: As the Spaniard Francisco de Vitoria noticed, war can only be justified as response to previous wrongs. The issue here is the extent and manner of inflicted harm justifying the use of violence on behalf of third parties – the legal and moral preconditions for interventions. National defence should remain the central basis for just cause in the law and morality of war, however, in the area of tension between national self-determination and the most fundamental human rights, the prevalent principle of non-intervention reaches its limits and allows for humanitarian interventions as response to acts that shock the moral conscience of mankind. In order to avoid instrumentalization or misemployment of these instruments and guarantee protection of peoples from human rights abuses, an institutionalization is absolutely essential; hence, proper international authority has to be established and has to conduct these interventions on multilateral grounds with care for the cultural circumstances – for the solution of societal problems and of nation-building cannot simply be imposed on nations from outside.
Download or read book Morality and War written by David Fisher and published by OUP Oxford. This book was released on 2011-03-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century.
Book Synopsis War by Agreement by : Yitzhak Benbaji
Download or read book War by Agreement written by Yitzhak Benbaji and published by . 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.
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.
Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Book Synopsis Utilitarianism and the Ethics of War by : William H. Shaw
Download or read book Utilitarianism and the Ethics of War written by William H. Shaw and published by Routledge. This book was released on 2016-02-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a detailed utilitarian analysis of the ethical issues involved in war. Utilitarianism and the Ethics of War addresses the two basic ethical questions posed by war: when, if ever, are we morally justified in waging war, and if recourse to arms is warranted, how are we permitted to fight the wars we wage? In addition, it deals with the challenge that realism and relativism raise for the ethical discussion of war, and with the duties of military personnel and the moral challenges they can face. In tackling these matters, the book covers a wide range of topics—from pacifism to armed humanitarian intervention, from the right of national defense to pre-emptive or preventive war, from civilian immunity to the tenets of just war theory and the moral underpinnings of the rules of war. But, what is distinctive about this book is that it provides a consistent and thorough-going utilitarian or consequentialist treatment of the fundamental normative issues that war occasions. Although it goes against the tide of recent work in the field, a utilitarian approach to the ethics of war illuminates old questions in new ways by showing how a concern for well-being and the consequences of our actions and policies shape the moral constraints to which states and other actors must adhere. This book will be of much interest to students of the ethics of war, just war theory, moral philosophy, war and conflict studies and IR.
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.
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.
Book Synopsis The Morality of the Laws of War by : MARCELA PRIETO. RUDOLPHY
Download or read book The Morality of the Laws of War written by MARCELA PRIETO. RUDOLPHY and published by Oxford University Press. This book was released on 2023-05-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Morality of the Laws of War examines the modern landscape of the ethics of war. Rudolphy assesses the conflicting theories on the legality of just and unjust combatants. While doing this, she proposes an alternative morality of war proceeding from the inescapable fact that regulating war is always a significant moral compromise.
Book Synopsis The Ethics of Preventive War by : Deen K. Chatterjee
Download or read book The Ethics of Preventive War written by Deen K. Chatterjee and published by Cambridge University Press. This book was released on 2013-04-04 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the complex and contested moral and legal issues of preventive warfare.
Book Synopsis Is Just War Possible? by : Christopher Finlay
Download or read book Is Just War Possible? written by Christopher Finlay and published by John Wiley & Sons. This book was released on 2018-11-26 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that war is sometimes justified is deeply embedded in public consciousness. But it is only credible so long as we believe that the ethical standards of just war are in fact realizable in practice. In this engaging book, Christopher Finlay elucidates the assumptions underlying just war theory and defends them from a range of objections, arguing that it is a regrettable but necessary reflection of the moral realities of international politics. Using a range of historical and contemporary examples, he demonstrates the necessity of employing the theory on the basis of careful moral appraisal of real-life political landscapes and striking a balance between theoretical ideals and the practical realities of conflict. This book will be a crucial guide to the complexities of just war theory for all students and scholars of the ethics and political theory of war.
Download or read book War Crimes written by Matthew Talbert and published by . This book was released on 2019 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
Book Synopsis Morality and Political Violence by : C. A. J. Coady
Download or read book Morality and Political Violence written by C. A. J. Coady and published by Cambridge University Press. This book was released on 2007-10-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political violence in the form of wars, insurgencies, terrorism, and violent rebellion constitutes a major human challenge today as it has so often in the past. It is not only a challenge to life and limb, but also to morality itself. In this book, C. A. J. Coady brings a philosophical and ethical perspective to the subject. He places the problems of war and political violence in the frame of reflective ethics. In clear and accessible language, Coady reexamines a range of urgent problems pertinent to political violence against the background of a contemporary approach to just war thinking.
Book Synopsis The Armed Forces Officer by : Richard Moody Swain
Download or read book The Armed Forces Officer written by Richard Moody Swain and published by Government Printing Office. This book was released on 2017 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
Book Synopsis Ethics of Armed Conflict by : John W. Lango
Download or read book Ethics of Armed Conflict written by John W. Lango and published by Edinburgh University Press. This book was released on 2014-01-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Defence of War written by Nigel Biggar and published by OUP Oxford. This book was released on 2013-09-12 with total page 1573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice. Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.
