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Jus ex Bello

Journal of Political Philosophy 16 (2):123–136 (2008)

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  1. The ethics of voluntary ethics standards.Hasko von Kriegstein & Chris MacDonald - 2024 - Business and Society Review 129 (1):50-71.
    Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...)
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  • Proportionality and combat trauma.Nathan Gabriel Wood - 2024 - Philosophical Studies 181 (2):513-533.
    The principle of proportionality demands that a war (or action in war) achieve more goods than bads. In the philosophical literature there has been a wealth of work examining precisely which goods and bads may count toward this evaluation. However, in all of these discussions there is no mention of one of the most certain bads of war, namely the psychological harm(s) likely to be suffered by the combatants who ultimately must fight and kill for the purposes of winning in (...)
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  • Making Peace with the Devil: The Problem of Ending Just Wars.Elisabeth Forster & Isaac Taylor - 2023 - Journal of Social and Political Philosophy 2 (2):121-137.
    In this paper, we draw attention to an unintended but severe side effect of just war thinking: the fact that it can impose barriers to making peace. Investigating historical material concerning a series of conflicts in China during the early twentieth century, we suggest that operating in a just war framework might change actors' identities and interests in a way that makes peacemaking an unavailable action. But since just war theory places significant normative constraints on how long wars can be (...)
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  • Epistemic modesty in ethics.Nicholas Laskowski - 2018 - Philosophical Studies 175 (7):1577-1596.
    Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...)
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  • Moral Responsibilities and the Conflicting Demands of Jus Post Bellum.Mark Evans - 2009 - Ethics and International Affairs 23 (2):147-164.
    The inclusion of jus post bellum in just war theory may be justified. But, according to Evans, it becomes problematic when confronted with tenets of "just occupation," namely that sovereignty or self-determination should be restored to the occupied people as soon as is reasonably possible.
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  • The contingent morality of war: establishing a diachronic model of jus ad bellum.Marcus Schulzke - 2015 - Critical Review of International Social and Political Philosophy 18 (3):264-284.
    According to most accounts of just war theory, jus ad bellum is concerned with the morality of initiating war. This gives jus ad bellum a temporal dimension, making it a set of principles that are applied to judge belligerents’ actions at the outset of a war, but that cannot be revisited after a war begins. I challenge this synchronic conception of jus ad bellum by arguing that the considerations the principles of jus ad bellum are meant to judge can, and (...)
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  • Just Cause and 'Right Intention'.Uwe Steinhoff - 2014 - Journal of Military Ethics 13 (1):32-48.
    I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...)
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  • Internecine War Killings.Cécile Fabre - 2012 - Utilitas 24 (2):214-236.
    In his recent book Killing in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but (...)
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  • The Ethics of War. Part II: Contemporary Authors and Issues.Endre Begby, Gregory M. Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):328-347.
    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 (...)
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  • Jus ex Bello in Afghanistan.Darrel Moellendorf - 2011 - Ethics and International Affairs 25 (2):155-164.
    I agree with Professor Miller that just war theory is limited when it comes to judging whether and how to end a war. But Miller fails to understand adequately what these limitations are and the extent to which they can be addressed within just war theory.
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  • Skepticism about Jus Post Bellum.Seth Lazar - 2012 - In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press. pp. 204-222.
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...)
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  • When Is It Right to Fight? Just War Theory and the Individual-Centric Approach.James Pattison - 2013 - Ethical Theory and Moral Practice 16 (1):35-54.
    Recent work in the ethics of war has done much to challenge the collectivism of the convention-based, Walzerian just war theory. In doing so, it raises the question of when it is permissible for soldiers to resort to force. This article considers this issue and, in doing so, argues that the rejection of collectivism in just war should go further still. More specifically, it defends the ‘Individual-Centric Approach’ to the deep morality of war, which asserts that the justifiability of an (...)
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  • Should the Changing Character of War Affect Our Theories of War?Jovana Davidovic - 2016 - Ethical Theory and Moral Practice 19 (3):603-618.
    War has changed so much that it barely resembles the paradigmatic cases of armed conflict that just war theories and international humanitarian law seemed to have had in mind even a few decades ago. The changing character of war includes not only the use of new technology such as drones, but probably more problematically the changing temporal and spatial scope of war and the changing character of actors in war. These changes give rise to worries about what counts as war (...)
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  • To Surrender or to Fight On? A Human Rights Perspective on Self-Defense.Frédéric Mégret - 2023 - Jus Cogens 5 (1):1-32.
    The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better understood as constrained, beyond the jus in bello and the jus ad bellum, by human rights norms that implicate responsibilities of the sovereign vis-à-vis its own population. Different conceptions of human rights, however, underscore different possible theories of the extent of self-defense. The main polarity is between a conception of self-defense as protecting bare life and a conception of (...)
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  • Ending War.David Rodin - 2011 - Ethics and International Affairs 25 (3):359-367.
    In "The Ethics of America's Afghan War," Richard W. Miller argues that reflecting on whether and how to end the war in Afghanistan exposes serious deficiencies in just war theory. I agree, though for different reasons than those canvassed by Professor Miller.
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  • The state, human rights and the ethics of war termination: what should a just peace look like? A critical appraisal.Manuela Melandri - 2011 - Journal of Global Ethics 7 (3):241-249.
    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 (...)
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  • The problem with the individualist approach to the principle of the immunity of non-combatants.Frank Aragbonfoh Abumere - 2020 - South African Journal of Philosophy 39 (3):274-284.
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