Author: Uwe Steinhoff
Publisher: Routledge
ISBN: 1000260011
Category : Philosophy
Languages : en
Pages : 322
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Book Description
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.
Author: Antony Lamb
Publisher: Routledge
ISBN: 1136255427
Category : History
Languages : en
Pages : 173
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Book Description
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.
Author: Paul Christopher
Publisher:
ISBN:
Category : Just war doctrine
Languages : en
Pages : 284
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Book Description
Designed as a starting point for debate and discussion, this classic introduction to the ethics of war and peace explores in depth the legal and moral issues of when and how to use force to achieve political objectives. A detailed overview and critical, philosophical analysis written by a professional soldier with over 25 years of commissioned service including 10 years as a professor of ethics at West Point it surveys the historical development of just war reasoning, its incorporation into the international laws concerning when and how to wage war, and the specific shortcomings with existing laws and practices concerning the conduct of modern-day hostilities.
Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 0199687390
Category : Law
Languages : en
Pages : 305
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Book Description
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 --Flap of book cover.
Author: Paul Christopher
Publisher: Prentice Hall
ISBN:
Category : Education
Languages : en
Pages : 304
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Book Description
// 9238C-9, 0-13-092383-4, Christopher, Paul, The Ethics of War and Peace: An Introduction to Legal and Moral Issues, 3/E // This classic introduction to the ethics of war and peace explores the legal and moral issues of when and how to use force to achieve political objectives. The just war tradition, the legal position of war, moral issues in war, and professional and humanitarian obligations. Ethicists, military personnel, and political analysts.
Author: Yitzhak Benbaji
Publisher: Oxford University Press
ISBN: 0192582070
Category : Philosophy
Languages : en
Pages : 240
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Book Description
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.
Author: Joseph E. Capizzi
Publisher: Oxford Studies in Theological
ISBN: 0198723954
Category : Religion
Languages : en
Pages : 232
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Book Description
The just war ethic emerges from an affirmative response to the basic question of whether people may sometimes permissibly intend to kill other people. In Politics, Justice, and War, Joseph E. Capizzi clarifies the meaning and coherence of the "just war" approach, to the use of force in the context of Christian ethics. By reconnecting the just war ethic to an Augustinian political approach, Capizzi illustrates that the just war ethic requires emphasis on the "right intention," or goal, of peace as ordered justice. With peace set as the goal of war, the various criteria of the just war ethic gain their intelligibility and help provide practical guidance to all levels of society regarding when to go to war and how to strive to contain it. So conceived, the ethic places stringent limits on noncombatant or "innocent" killing in war, helps make sense of contemporary technological and strategic challenges, and opens up space for a critical and constructive dialogue with international law.
Author: Helen Frowe
Publisher: Routledge
ISBN: 1136666753
Category : Philosophy
Languages : en
Pages : 254
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Book Description
When is it right to go to war? When is a war illegal? What are the rules of engagement? What should happen when a war is over? How should we view terrorism? The Ethics of War and Peace is a fresh and contemporary introduction to one of the oldest but still most relevant ethical debates. It introduces students to contemporary Just War Theory in a stimulating and engaging way, perfect for those approaching the topic for the first time. Helen Frowe explains the core issues in Just War Theory, and chapter by chapter examines the recent and ongoing philosophical? debates on: theories of self defence and national defence Jus ad Bellum, Jus in Bello, and Jus post Bellum the moral status of combatants the principle of non-combatant immunity the nature of terrorism and the moral status of terrorists. Each chapter concludes with a useful summary, discussion questions and suggestions for further reading, to aid student learning and revision. The Ethics of War and Peace is the ideal textbook for students studying philosophy, politics and international relations.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 20
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Book Description
Author: Richard Hall
Publisher: Rowman & Littlefield
ISBN: 149859056X
Category : Philosophy
Languages : en
Pages : 283
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Book Description
The Justice of War: Its Foundations in Ethics and Natural Law puts normative ethical theory at the forefront in its discussion of the justice of war. Situating the modern theory of just war in its historical context, Richard A. S. Hall gives full attention to natural law, a mainstay of just war theory. Hall considers the American philosopher Josiah Royce’s implicit theory of just war with its suggestion of a fourth component of just war theory (in addition to jus ad bellum, jus in bello, and jus post bellum), namely, jus ad pacem—justice/law for or about peace—concerning the prevention of war and the maintenance of peace. This book addresses, and answers affirmatively, the following questions raised by just war theory: Can just war theory be rationally defended against its realpolitik critics? Can there by such a thing as a just or moral war? The book aims at showing the doubters and critics that just war theory is a viable alternative to both the political realism of realpolitik and pacifism. In brief, war can be morally justified, though under very restrictive conditions.
