Only rarely have feminist theorists addressed the adequacy of just -war theory, a set of principles developed over hundreds of years to assess the justice of going to war and the morality of conduct in war. Recently, a few feminist scholars have found just -war theory inadequate, yet their own counterproposals are also deficient. I assess feminist contributions to just -war theorizing and suggest ways of strengthening, rather than abandoning, this moral approach to war.

This article explores the diversity of the European idea of peace in the late thirteenth and early fourteenth centuries. In the late Middle Ages, a literary genre of “peace writings” emerged. Despite the ubiquitous academic interest in peace, however, late medieval scholastic conceptions of peace have hitherto escaped serious scholarly investigation. Drawing on Johan Galtung's classic typology of the idea of peace, this essay offers an examination of the discussions of Thomas Aquinas, Remigio de’ Girolami, and Dante on peace, which (...) not only illustrates the diversity of late medieval visions of peace but also argues that late medieval thinkers shared the recognition that temporal peace was possible: a significant departure from the Christian skepticism of this-worldly peace. (shrink)

During the 1990s, international society increasingly recognised that states who abuse their citizens in the most egregious ways ought to lose their sovereign inviolability and be subject to humanitarian intervention. The emergence of this norm has given renewed significance to the debate concerning what it is about humanitarian intervention that makes it legitimate. The most popular view is that it is humanitarian motivations that legitimise intervention. Others insist that humanitarian outcomes are more important that an actor's motivations, pointing for instance (...) to the ousting of the Khmer Rouge by Vietnam. Given the centrality of this debate, this article reinvestigates the ?motives versus outcomes? debate and suggests an alternative reading based on the classic Just War tradition. It argues that an actor's intentions are vital to assessing the legitimacy of an intervention. (shrink)

Pacifism and realism both presuppose an unbridgeable gap between war and morality. The pacifist, abhorring the suffering caused by violence, concludes that war is the consummate evil and rejects it under any circumstances. The realist, beginning from a similar assessment regarding the evil of war, concludes that those who bring war on a peaceful nation deserve all the maledictions its people can pour out. These views reflect the negative duty not intentionally to harm innocent persons, on one hand, and the (...) positive obligation that innocent persons be protected, on the other. The pacifist views the prohibition against harming others as more fundamental; the realist accepts the positive duty to protect others as more basic. Historically, the just war tradition has provided an alternative to these extremes. Recent events in the conduct of wars around the world have, however, called into question the relevancy of certain aspects of the just war tradition for modern wars. In this work I critically examine the notion of a just war in terms of both jus ad bellum, or the justifications for going to war, and jus in bello, or the just means of waging war, as it is reflected in international law. I begin with a discussion of various formulations of the realist's and pacifist's positions and argue that the just war tradition provides a reasonable alternative to either of these extremes. I then briefly trace the historical development of the just war tradition beginning with Roman Law. The purpose of this historical analysis is to identify those moral principles and arguments that inspired the development of various aspects of the just war tradition so that these same principles and arguments can be used as a basis for reevaluating existing rules in light of modern tactics and technology. Finally, I expose and discuss serious deficiencies with the way the just war tradition is reflected in current international law and offer proposals for how these problems might be addressed. My conclusion is that the just war tradition can provide effective guidelines for ameliorating the tragedy of war now and into the 21st Century if the issues I identify are adequately addressed. (shrink)

Someone once told me that the average number of readers of a philosophy article is about six. That is a particularly depressing thought when one takes into account the huge influence of certain articles. When I think of, say, Gettier's article on knowledge, or Quine's ‘Two Dogmas’, I begin to wonder whether anyone is ever likely to read anything I write. Usually the arguments of these very influential articles have been subjected to widespread analysis and interpretation. The case of Elizabeth (...) Anscombe's ‘Modern Moral Philosophy’, published in 1958, is something of an exception. That article has played a significant part in the development of so-called ‘virtue ethics’, which has burgeoned over the last three decades in particular. But there has been less close attention to its arguments than one might have expected. (shrink)

This essay argues that the best starting point for discussions of the Principle of Discrimination (PD) is its most basic formulation: In wartime, certain enemy subjects should receive better treatment than others. Other formulations of the PD ? in particular, those centered on the concept of noncombatant immunity ? have sought to identify a single criterion that can be used as the basis for sorting enemy subjects into two (and only two) classes. However, a historical and legal analysis of the (...) principle indicates that three distinct criteria ? the conduct of individuals, their status, and their guilt or innocence ? have all been seen as relevant for determining the appropriate treatment of the enemy. In this essay, I formulate an expanded version of the PD, which calls for the proportionate treatment of enemy subjects based on evaluations of all three of these criteria. (shrink)