In War & Ethics, Nicholas Fotion undertakes three main tasks. The first is critical: to analyze ‘Just War Theory’ (JWT) in the evolving context of modern warfare between nations and non-nation groups, using various case studies to illustrate the strengths and weaknesses of the theory. The second task is modification: to construct a new Just War Theory to incorporate wars between nations (JWT-Regular) and wars between nations and non-nation groups (JWT-Irregular). The third and final task is defensive: to show that (...) Just War Theory in general, and the twin theory in particular, are useful tools in assessing when a war is just. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...) standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

This essay proposes an alternative way of studying video games: as thought experiments akin to the narrative thought experiments that are frequently used in philosophy. This perspective incorporates insights from the narratological and ludological perspectives in game studies and highlights the philosophical significance of games. Video game thought experiments are similar to narrative thought experiments in many respects and can perform the same functions. They also have distinctive advantages over narrative thought experiments, as they situate counterfactuals in more complex, developed (...) contexts and present them to players who are participants in game worlds, rather than simply observers. (shrink)

Abstract This paper addresses the teaching of mandatory ethics courses in a military context, with particular reference to the Service Academies of the United States Armed Forces. In seeking to optimize the core ethics course's potential to develop Midshipmen and Cadets' moral reasoning skills I suggest a model that employs case-based scenarios, woven together into a metanarrative, in place of the traditional historical case study and in a manner that gives students deliberate, guided practice in ethical decision-making. The described model (...) also commends a resource- and pedagogy-driven partnership between civilian philosophers/ethicists and senior military officers in teaching the course. Also proposed is the deliberate use of a simple but formal method of applying the central ethical theories usually taught in such courses, what I call ?ethical triangulation?. The employment of Computer Aided Argument Mapping is also recommended. (shrink)

Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, then, is (...) whether a business supporting these latter missions may not be circumstantially unethical. No it is not, say defense industry advocates, for two principal reasons. For one, this business benefits society at large in numerous ways. And, for another, the organizer of these military missions is a superpower which by its very nature is not subject to the ethical constraints of the self-defense rationale. I dispute both reasons, argue against the second, and conclude that the U.S. military-industrial complex (MIC) is circumstantially unethical. (shrink)

The concept of jus post bellum deals with moral considerations in the aftermath of conflict and is concerned with how a just peace should look like. This paper analyses the concept of jus post bellum as developed by contemporary Just War theorists. Its aim is to provide a critical perspective on the proposed substantial scope of this concept. In other words, it will consider the question: in restoring peace after war, is it justified for just combatants to change the political (...) structure of a defeated aggressor? The piece will be divided into two main parts. First, through a review of the literature, I define the current state of the art on jus post bellum thinking in relation to a number of key aspects of this concept. What does241 it entail? Which principles is it made of? What sort of activities do just war theorists speak about when they speak of creating a just peace? Second, I focus on the principle of ?political rehabilitation? of the defeated state: is it permissible? Under what circumstances? While considering these questions and authors' views on this matter, the paper will provide a critical reappraisal of the current debate on the justifiability of political reconstruction in post-conflict states. (shrink)

The paper addresses several issues in the morality of cyberwar and cyberwarfare, defined as one nation's attacks on the governmental or civilian information systems of another nation. It sketches the diverse technical ways in which an attack may occur, including denial-of-service attacks and the insertion of various forms of malware. It argues that existing international law and widely discussed principles of Just War Theory do not straightforwardly apply to cyberwarfare, and many forms of cyberwarfare differ from previous forms of warfare (...) in neither injuring nor killing human beings, nor causing lasting physical damage ? but can nevertheless cause serious harm to a nation's vital interests. Another dissimilarity with traditional warfare is in the degree of knowledge of the identity of an attacker (the ?attribution problem?). The paper argues that cyberwarfare is not amenable to regulation by international pacts and that we can expect long periods of low-level, multilateral cyberwarfare, a Cyber Cold War, as a game-theoretic equilibrium is sought,. The paper laments the lack of a cyberwarfare policy, and concludes that it is only by applying game-theoretic principles that strategies can be discovered that are both moral and effective in suppressing overall harm to all parties in the long run. (shrink)

Generally speaking, just war theory (JWT) holds that there are two just causes for war: self-defence and ‘other-defence’. The most common type of the latter is popularly known as ‘humanitarian intervention’. There is debate, however, as to whether these can serve as just causes for preventive war. Those who subscribe to JWT tend to be unified in treating so-called preventive war with a high degree of suspicion on the grounds that it fails to satisfy conventional criteria for jus ad bello; (...) – particularly the just cause and last resort criteria. Francisco di Vitoria held that the only just cause for war was ‘a wrong received’, which renders impossible any justification for preventive war. There are assumptions implicit in recent military practice, however – most notably, the US-led invasion of Iraq in 2003 – that challenge this ban on preventive war. Interestingly, both supporters and critics attempt to justify their views through the broader logic of JWT; viz., through a conception of what is good for both political communities and individuals, and through a legitimate defence of these goods. Supporters point to situations where so-called rogue states represent ‘grave and imminent risk’ of committing acts of aggression as grounds that justify preventive war; critics argue that to attack another political community on the basis of crimes not yet committed is a breach of the very rights JWT was created to defend. The advocate of preventive war does not appreciate important aspects concerning the morality of war. In the ongoing tension between Iran and The United States and her allies – if the rhetoric is to be believed – I am asked to tolerate a threat to my security and liberty, and to risk suffering aggression in defence of the rights of the antagonistic, but not yet aggressive, state. The crucial question is how such tolerance and risk fit in with the logic of just war: at what point, if any, does the risk of being attacked become great enough to justify declaring war in anticipation? In this paper I highlight some of the theoretical and practical difficulties in determining what counts as a grave and imminent threat, focusing especially on the complicated case of ‘imminence’ in the face of so-called ‘Weapons of Mass Destruction’. Secondly, I will argue that not only is the notion of preventive war inconsistent with the defence of the rights of political communities that JWT requires; it is also forbidden by the proportionality requirement of jus ad bellum. A risk of being subjected to aggression is the price for global peace. Whilst political communities can do much to prevent aggression and prepare themselves in case it occurs, the conditions for just war require that this prevention and preparation stop short of declaring war. We must live with a certain degree of risk in this area. (shrink)

Despite the enormous impact that war and the threat of war have had on human well-being, utilitarians have had surprisingly little to say about when, if ever, we may fight wars. Discussion of this question has been dominated by realism, pacifism and just war theory. This article takes some preliminary steps toward remedying this situation. I begin by spelling out what I call the Utilitarian War Principle (UWP). After presenting some considerations in its favour and answering some possible objections to (...) it, I compare UWP with pacifism and with the principles of jus ad bellum found in the work of contemporary just war theorists. I argue that adherents of UWP should treat those principles as secondary moral principles, which, although subordinate to UWP, can and should guide its application and which, in turn, should be refined and revised with this goal in mind. (shrink)

This paper examines the dynamics of hostile takeovers as a form of corporate warfare. There are a number of compelling reasons for believing this to be an accurate approximation to corporate reality and therefore an appropriate analogy. In circumstances where it is all-too easy for either of the protagonists to act unethically, there is an evident need for an appropriate template through which to analyse and evaluate the ethical dilemmas that HT's inevitably raise —whilst also, where possible, employing its prescriptions (...) as a means of corporate conflict resolution. This paper evaluates just war theory as one such template. In seeking a conceptually adaptable framework for analysing, interpreting and articulating antagonistic behaviour during a HT, it became apparent in the course of the research that JWT provided a potentially useful and viable template within which to pursue the above. The research questions centre not necessarily on whether this template could in some way be a substitute for statutory and regulatory constraints on unethical conduct but, rather, whether it might better inform all stakeholders of the importance of ethically informed restraint in the interest of the greater good. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

Just wars are supposed to be proportional responses to aggression: the costs of war must not greatly exceed the benefits. This proportionality principle raises a corresponding ‘interpretation problem’: what are the costs and benefits of war, how are they to be determined, and a ‘measurement problem’: how are costs and benefits to be balanced? And it raises a problem about scope: how far into the future do the states of affairs to be measured stretch? It is argued here that weapons (...) innovation always introduces costs, and that these costs cannot be determined in advance of going to war. Three examples, the atomic bomb, the AK-47 and the ancient Greek catapult, are given as examples. It is therefore argued that the proportionality principle is inapplicable prospectively. Some replies to the argument are discussed and rejected. Some more general defences of the proportionality principle are considered and also rejected. Finally, the significance of the argument for Just War Theory as a whole is discussed. (shrink)

The modern soldier is faced with a complex moral and psychological landscape. As Nancy Sherman puts it in The Untold War: Inside the Hearts and Minds of our Soldiers, ‘soldiers go to war to fight external enemies… but most fight inner wars as well.’ The modern soldier is no longer simply a warrior: he is at once a peacekeeper, diplomat, leader, sibling and friend. In the face of such challenges, some responsible for the teaching of soldiers have endeavoured to incorporate (...) a character-based training programme, designed to develop virtues that will assist soldiers in fulfilling the multiple roles required of them. However, these training programmes are stymied by the dearth of virtue-based discussion within the most influential guide to the moral conduct of soldiers: just war theory . JWT remains a primarily deontic system in which rights, duties and law are generally perceived as the most important considerations. Aretaic ethics has a great deal to offer both JWT and military education progra.. (shrink)

This paper first argues that a state can justifiably fight a hopeless war of self-defense when its enemy determines to massacre its people after it surrenders or is defeated. The main reason is that, in this situation, even if the victim state surrenders, it still has to suffer from harms that are similar to or worse than the harms involved in fighting a hopeless war. This paper then discusses some complicated issues raised by applying this argument to various situations in (...) which the victims of war and the victims of massacre are not identical. I argue that, when the victims of massacre are randomly chosen, the victim state can justifiably fight such a war. When the victims of massacre belong to a specific group of people, the victim state should not fight such a war, even though the victims of massacre can defend themselves. This paper finally comments on an alternative approach to addressing the same issue. (shrink)