While Michael Walzer's distinction between preemptive and preventive wars offers important categories for current reflection upon the Bush Doctrine and the invasion of Iraq, it is often treated as a modern distinction without antecedent in the classical Christian just war tradition. This paper argues to the contrary that within Augustine's corpus there are passages in which he speaks about the use of violence in situations that we would classify today as preemptive and preventive military action. While I do not claim (...) that Augustine makes an explicit distinction between the two types of war (such would be anachronistic), I will argue that based on examinations of "De libero arbitrio" I.v.11-12 and "De civitate Dei" I.30 Augustine's discussions of hypothetical cases or actual wars in history provide insights helpful for contemporary reflection on preemptive and preventive wars. (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)

One major argument against prohibiting euthanasia and physician-assisted suicide (PAS) is that there is no rational basis for distinguishing between killing and allowing to die: if we permit patients to die by forgoing life-sustaining treatments, then we also ought to permit euthanasia and PAS. In this paper, the author argues, contra this claim, that it is in fact coherent to differentiate between killing and allowing to die. To develop this argument, the author provides an analysis of Saint Augustine’s distinction between (...) martyrdom and suicide, highlighting the relevance of intention in the assessment of an agent’s actions. As a general matter of ethics, the intentions of agents, not just the outcomes of their actions, matter enormously for drawing distinctions between what is permissible and what is impermissible. Constructing an Augustinian account of this distinction between killing and allowing to die, the author argues that it is coherent to hold that assisted suicide is wrong, while also accepting that it is permissible to withhold or withdraw life-sustaining treatments. (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)

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.

In this article, I offer a reading of City of God 19.6 that is consonant with Augustine’s message to real judges. Often read as a suggestion that torture and execution are judicially necessary, I argue that 19.6 actually calls such necessities into question, though this is not its primary purpose; first and foremost, 19.6 is an indictment of Stoic apatheia. Situating 19.6 within Augustine’s larger polemic against the Stoics, I find that it presents the Stoic judge as a man who (...) lacks fellow feeling, and therefore, has only a parodic happiness, costly to himself and those judges. A new look at Augustine’s letters to judges confirms this reading, and shows that, for Augustine, the man of humanitas is the true model for the good judge, not the man of apatheia. (shrink)