The question of the morality of war is something of an embarrassment to liberal political thinkers. A philosophical tradition which aspires to found its preferred institutions in respect for individual autonomy, contract, and voluntary association, is naturally confronted by a phenomenon that is almost exclusively explained and justified in the language of States, force and territory. But the apparent difficulties involved in providing a convincing account of nature and ethics of war in terms of relations between individuals has not prevented (...) liberal theorists from attempting this task. This paper examines a recent attempt by Igor Primoratz to sketch out the implications of a consistent liberalism for just war doctrine and, in particular, as regards the question of who may be a legitimate target of attack in wartime. Primoratz’s paper itself is a critique of Michael Waltzer’s authoritative exposition of just war theory for failing to be sufficiently and consistently liberal. The debate between these two authors is a productive site for investigating the potential and limitations of liberal theories of just war. (shrink)

Following Hugo Grotius, a distinction is developed between private and public war. It is argued that, contrary to how most contemporary critics of the moral equality of combatants construe it, the just war tradition has defended the possibility of the moral equality of combatants as an entailment of the justifiability of public war. It is shown that contemporary critics of the moral equality of combatants are denying the possibility of public war and, in most cases, offering a conception of just (...) war as exclusively private war. The work of Jeff McMahan is used to exemplify this. Against these contemporary critics, it is argued that the reasons McMahan and others offer against the possibility of the moral equality of combatants undermine not only public war but also the possibility of fully realized and effective political authority. (shrink)

That we are morally responsible for what we do willingly and knowingly is a commonplace. That our moral responsibility extends as far as to cover at least the intended consequences of our voluntary actions and perhaps also the ones we did not intend, but could or did foresee, is equally beyond dispute. But what about omissions? Are we, or can we be, (equally) morally responsible for the harm that has occured because we did not prevent it, even though we could (...) have done so? Say, for all the enormous suffering, caused daily by famine, deprivation and curable diseases in the Third World countries? Moral intuitions and practices that one could consult in this matter seem to leave us in the dark. We regularly ascribe responsibility to people for harms resulting from their negligence or failure to fulfill professional duties. On the other hand, we tend to think that unless there is some evidence of the causal contribution that agents made to a harmful event and/or state, it is not really fair to blame it on them. And finally, to complicate things even more, most of us deny that omissions could effect anything (any change) in the world and consequently regard them as causally impotent (as well as possibly harmless). (shrink)

The nature of warfare is changing. Increasingly, developments in military technology are removing soldiers from the battlefield, enabling war to be waged from afar. Bombs can be dropped from unmanned drones flying above the range of retaliation. Missiles can be launched, at minimal cost, from ships 200 miles to sea. Micro Air Vehicles, or 'WASPS', will soon be able to lethally attack enemy soldiers. Though still in the developmental stage, progress is rapidly being made towards autonomous weaponry capable of selecting, (...) pursuing, and destroying targets without the necessity for human instruction. These developments have a profound — and as yet under-analysed — impact on just war theory. I argue that a state under attack from remote weaponry is unable to respond in the traditional, just war sanctioned, method of targeting combatants on the battlefield. This restriction of options potentially creates a situation whereby a state is either coerced into surrender, or it must transgress civilian immunity. Just war theory in conditions of remote warfare therefore either serves the interests of the technologically advanced by demanding the surrender of targeted states, or else it becomes redundant. (shrink)

Commonsense moral thought holds that what makes terrorism particularly abhorrent is the fact that it tends to be directed toward innocent victims. Yet contemporary philosophers tend to doubt that the concept of innocence plays any significant role here, and to deny that prohibitions against targeting noncombatants can be justified through appeal to their moral innocence. I argue, however, that the arguments used to support these doubts are ultimately unsuccessful. Indeed, the philosophical positions in question tend to misunderstand the justification of (...) both the prohibition against targeting noncombatants, and that of the permission to attack combatants, for which the paper offers a new account. Such misunderstandings make it all too easy to justify both terrorist actions and morally objectionable actions on the part of nations at war. Taking proper account of the role of innocence in the context of armed conflict will alter our ordinary ways of thinking about the ethics of war, with respect to both jus in bello and jus ad bellum. (shrink)

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 (...) continued, it might thus be self-defeating, in the sense that those who adopt it may undermine the very goals which it is supposed to serve. Whether this finding calls for a revision of existing ethical frameworks governing warfare will depend on whether there are possible alternatives to just war theory that perform better at reining in unjust violence. (shrink)

I argue that, according to Just War Theory, those who work as administrative personnel in the private military industry can be permissibly harmed while at work by enemy combatants. That is, for better or worse, a Just War theorist should consider all those who work as administrative personnel in the private military industry either: (i) individuals who may be permissibly restrained with lethal force while at work, or (ii) individuals who may be harmed by permissible attacks against their workplace. In (...) doing so, I also provide some critical analysis of the relevant Just War concepts. (shrink)

ABSTRACTI argue that, according to just war theory, those who work as administrative personnel in the private military industry can be permissibly harmed while at work by enemy combatants. That is, for better or worse, a just war theorist should consider all those who work as administrative personnel in the private military industry as either: individuals who may be permissibly restrained with lethal force while at work; or individuals who may be harmed by permissible attacks against their workplace. In doing (...) so, I also provide some critical analysis of the relevant just war concepts. (shrink)

This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...) and were influential in their communities, but produced relatively little. In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who might therefore be said to have influenced both main strands of Australian philosophical thought. (shrink)

The paper examines the justification of warfare. The main thesis is that war is very difficult to justify, and justification by invoking “justice” is not the way to succeed it. Justification and justness (“justice”) are very different venues: while the first attempts to explain the nature of war and offer possible schemes of resolution (through adequate definitions), the second aims to endorse a specific type of warfare as correct and hence allowed – which is the crucial part of “just war (...) theory.” However, “just war theory,” somewhat Manichean in its nature, has very deep flaws. Its final result is criminalization of war, which reduces warfare to police action, and finally implies a very strange proviso that one side has a right to win. All that endangers the distinction between ius ad bellum and ius in bello, and destroys the collective character of warfare (reducing it to an incomprehensible individual level, as if a group of people entered a battle in hopes of finding another group of people willing to respond). Justification of war is actually quite different – it starts from the definition of war as a kind of conflict which cannot be solved peacefully, but for which there is mutual understanding that it cannot remain unresolved. The aim of war is not justice, but peace, i.e. either a new articulation of peace, or a restoration of the status quo ante. Additionally, unlike police actions, the result of war cannot be known or assumed in advance, giving war its main feature: the lack of control over the future. Control over the future, predictability (obtained through laws), is a feature of peace. This might imply that war is a consequence of failed peace, or inability to maintain peace. The explanation of this inability (which could simply be incompetence, or because peace, as a specific articulation of distribution of social power, is not tenable anymore) forms the justification of war. Justice is always an important part of it, but justification cannot be reduced to it. The logic contained here refers to ius ad bellum, while ius in bello is relative to various parameters of sensitivity prevalent in a particular time (and expressed in customary and legal rules of warfare), with the purpose to make warfare more humane and less expensive. (shrink)