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Just and Unjust Wars

Philosophy 54 (209):415-420 (1979)

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  1. Humanitarian Terrorism as a Higher and Last Stage of Asymmetric War.Boris N. Kashnikov - 2020 - Russian Journal of Philosophical Sciences 63 (1):66-84.
    The articles reviews the problem of humanitarian terrorism that is a terrorism of self-proclaimed humanitarian goals and self-inflicted constraints. This type of terrorism justifies itself by lofty aspirations and claims that its actions are targeted killings of guilty individuals only. This terrorism is the product of the Enlightenment, it emerged by the end of the 18th century and passed three stages in its development. The first stage is the classical terror of the Jacobins 1793–1794. The second one is Russian revolutionary (...)
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  • Collective Complicity in War Crimes. Some Remarks on the Principle of Moral Equality of Soldiers.Adam Cebula - 2020 - Philosophia 48 (4):1313-1332.
    The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...)
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  • The Principle of Double Effect and Just War Theory.Stipe Buzar - 2020 - Philosophia 48 (4):1299-1312.
    The paper explores the relationship between the Principle of Double Effect and Just War Theory, with emphasis on their relationship in the philosophy of Thomas Aquinas. Both PDE and JWT are of Medieval origin, and are classical exponents of medieval moral philosophy. The main connection between them is, however, that they can both be viewed as theories about permissible violence and harm, that is theories about when it is morally permissible to harm and possibly kill another human being. The final (...)
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  • Conditional and Contingent Pacifism: the Main Battlegrounds.Nicholas Parkin - 2017 - Critical Studies 2 (6):193-206.
    Anti-war pacifism rejects modern war as a means of attaining peace. This paper outlines two varieties of theoretical anti-war pacifism: conditional pacifism (war is conditionally unjustifiable due to the harm it causes to innocent persons) and contingent pacifism (war is justified if certain criteria are met but contingent facts about modern war mean that few, if any, actual wars meet these criteria). It elucidates the main points of contention at which these positions intersect with other war institution preserving theories, and (...)
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  • In Between Digital War and Peace.Jasmijn Boeken - 2024 - Journal of Military Ethics 23 (2):152-161.
    The world can be divided into a digital sphere and a physical sphere. Within the realm of the physical sphere, Michael Walzer’s Just War Theory stands as a prominent framework for understanding the ethics of warfare. Is his theoretical framework also applicable to the digital sphere? This article studies whether elements of Walzer’s theory can be adapted to the context of digital conflict. Walzer divides countries into zones of peace, zones of war, and in-between zones. A country could then, for (...)
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  • A Return to Right Intention in the Just War.Greg Ray - 2024 - Journal of Military Ethics 23 (2):91-102.
    It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one central understanding (...)
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  • A Return to Right Intention in the Just War.Greg Ray - 2024 - Journal of Military Ethics 23 (2):91-102.
    It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one central understanding (...)
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  • An Axiological-Trajectory Theodicy.Thomas Metcalf - 2020 - Sophia 59 (3):577-592.
    I develop a new theodicy in defense of Anselmian theism, one that has several advantages over traditional and recent replies to the Problem of Evil. To make my case, I first explain the value of a positive trajectory: a forward-in-time decrease in ‘first-order-gratuitous’ evil: evil that is not necessary for any equal-or-greater first-order good, but may be necessary for a higher-order good, such as the good of strongly positive axiological trajectory. Positive trajectory arguably contributes goodness to a world in proportion (...)
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  • Dirty hands and the fragility of democracy.Berry Tholen - 2020 - Contemporary Political Theory 19 (4):663-682.
    Dirty hands cases are often seen as a crucial challenge for political ethics. Michael Walzer’s analysis of dirty hands cases has been especially influential. On closer inspection, however, Walzer’s analysis contains some serious flaws. This article examines how and to what extent the political ethics of Paul Ricoeur can remedy the problems in Walzer’s approach. It is shown that Ricoeur’s approach can offer a better understanding of what is at stake in dilemmas in political action and that it can provide (...)
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  • Political Independence, Territorial Integrity and Private Law Analogies.Arthur Ripstein - 2019 - Kantian Review 24 (4):573-604.
    Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific (...)
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  • Climate Change is Unjust War: Geoengineering and the Rising Tides of War.Kyle Fruh & Marcus Hedahl - 2019 - Southern Journal of Philosophy 57 (3):378-401.
    Climate change is undeniably a global problem, but the situation is especially dire for countries whose territory is comprised entirely or primarily of low-lying land. While geoengineering might offer an opportunity to protect these states, international consensus on the particulars of any geoengineering proposal seems unlikely. To consider the moral complexities created by unilateral deploy- ment of geoengineering technologies, we turn to a moral convention with a rich history of assessing interference in the sovereign affairs of foreign states: the just (...)
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  • Can Torture Be Justified?Jeffrey R. Tiel - 2019 - Journal of Military Ethics 18 (1):35-47.
    ABSTRACTTorture requires careful definition, because of the degree to which its definition often entails its moral condemnation. Torture involves the deliberate infliction of pain for coe...
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  • Insisting on complicity.Timothy Wyman McCarty - 2019 - Contemporary Political Theory 18 (1):1-21.
    Contemporary conceptions and practices regarding complicity have led to the surprising emergence of citizens who seek rather than flee complicity. The purpose of this is to gain standing to challenge controversial state practices. As in the recent Hobby Lobby decision, such attempts to demonstrate complicity are not motivated by a desire to take ownership over state actions, but to justify institutional reforms or individual opt-outs that would not be legitimized absent such a finding of complicity. This article highlights the danger (...)
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  • Just War Theory: Revisionists Vs Traditionalists.Seth Lazar - 2017 - Annual Review of Political Science 20:37-54.
    Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael (...)
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  • The Future of War: The Ethical Potential of Leaving War to Lethal Autonomous Weapons.Steven Umbrello, Phil Torres & Angelo F. De Bellis - 2020 - AI and Society 35 (1):273-282.
    Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, but not exhaustive, survey (...)
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  • Making Drones to Kill Civilians: Is it Ethical?Edmund F. Byrne - 2018 - Journal of Business Ethics 147 (1):81-93.
    A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy and appeals (...)
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  • Therapeutic use exemptions and the doctrine of double effect.Jon Pike - 2018 - Journal of the Philosophy of Sport 45 (1):68-82.
    Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in which (...)
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  • Targeting Human Shields.Amir Saemi & Philip Atkins - 2018 - Philosophical Quarterly 68 (271):328-348.
    In this paper, we are concerned with the morality of killing human shields. Many moral philosophers seem to believe that knowingly killing human shields necessarily involves intentionally targeting human shields. If we assume that the distinction between intention and foresight is morally significant, then this view would entail that it is generally harder to justify a military operation in which human shields are knowingly killed than a military operation in which the same number of casualties result as a merely foreseen (...)
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  • Just Cause for War.Jeff McMahan - 2005 - Ethics and International Affairs 19 (3):1-21.
    A just cause for war is a type of wrong that may make those responsible for it morally liable to military attack as a means of preventing or rectifying it. This claim has implications that conflict with assumptions of the current theory of just war.
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  • Evaluating Pacifism.Brian Orend - 2001 - Dialogue 40 (1):3-24.
    RésuméLe pacifisme a toujours constitué une approche respectable et influente à l'éthique de la guerre et de la paix. On veut ici, à partir de la littérature récente, en proposer une nouvelle évaluation. Plus précisément, l'article a deux objectifs: proposer une présentation rigoureuse et charitable des thèses pacifistes; et avancer, dans la perspective de la théorie contemporaine de la juste guerre, une critique puissante et détaillée des thèses en question.
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  • Non-violent Resistance and Last Resort.Nicholas Parkin - 2016 - Journal of Military Ethics 15 (4):259-274.
    It is commonly accepted that recourse to war is justifiable only as a last resort. If a situation can be resolved by less harmful means, then war is unjust. It is also commonly accepted that violent actions in war should be necessary and proportionate. Violent actions in war are unjust if the end towards which those actions are means can be achieved by less harmful means. In this article, I argue that satisfaction of the last resort criterion depends in part (...)
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  • The Normative Implications of “Knowing the Future” for Preventive War.Ariel Colonomos - 2016 - Journal of Military Ethics 15 (3):205-226.
    What if claims about the future informed us about the intentions and the capabilities of our opponents to wage war against ourselves? Would and should the existing norms that restrict the preventive use of force change in the wake of such transformation? This article highlights the potential normative consequences of this change and discriminates between several possible normative evolutions. Would and should the “knowability of the future” alter radically the traditional rule of self-defense? This rule could indeed be jeopardized but, (...)
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  • Meta-Reasoning in Making Moral Decisions Under Normative Uncertainty.Tomasz Żuradzki - 2016 - In Dima Mohammed & Marcin Lewiński (eds.), Argumentation and Reasoned Action. College Publications. pp. 1093-1104.
    I analyze recent discussions about making moral decisions under normative uncertainty. I discuss whether this kind of uncertainty should have practical consequences for decisions and whether there are reliable methods of reasoning that deal with the possibility that we are wrong about some moral issues. I defend a limited use of the decision theory model of reasoning in cases of normative uncertainty.
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  • 'Distributive Justice and Climate Change'.Simon Caney - 2018 - In Serena Olsaretti (ed.), The Oxford Handbook of Distributive Justice. New York, NY: Oxford University Press.
    This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second question, (...)
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  • The Logical Structure of Just War Theory.Christopher Toner - 2010 - The Journal of Ethics 14 (2):81-102.
    A survey of just war theory literature reveals the existence of quite different lists of principles. This apparent arbitrariness raises a number of questions: What is the relation between ad bellum and in bello principles? Why are there so many of the former and so few of the latter? What order is there among the various principles? To answer these questions, I first draw on some recent work by Jeff McMahan to show that ad bellum and in bello principles are (...)
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  • Patriotism, War, and the Limits of Permissible Partiality.Stephen Nathanson - 2009 - The Journal of Ethics 13 (4):401-422.
    This paper examines whether patriotism and other forms of group partiality can be justified and what are the moral limits on actions performed to benefit countries and other groups. In particular, I ask whether partiality toward one’s country can justify attacking enemy civilians to achieve victory or other political goals. Using a rule utilitarian approach, I then defend the legitimacy of “moderate” patriotic partiality but argue that noncombatant immunity imposes an absolute constraint on what may be done to promote the (...)
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  • The Vices of Argument.Andrew Aberdein - 2016 - Topoi 35 (2):413-422.
    What should a virtue theory of argumentation say about fallacious reasoning? If good arguments are virtuous, then fallacies are vicious. Yet fallacies cannot just be identified with vices, since vices are dispositional properties of agents whereas fallacies are types of argument. Rather, if the normativity of good argumentation is explicable in terms of virtues, we should expect the wrongness of bad argumentation to be explicable in terms of vices. This approach is defended through analysis of several fallacies, with particular emphasis (...)
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  • Terrorism, War, and The Killing of the Innocent.Troy Jollimore - 2007 - Ethical Theory and Moral Practice 10 (4):353-372.
    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 (...)
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  • (2 other versions)The Ethics of Killing in War.Jeff McMahan - 2006 - Philosophia 34 (1):23-41.
    This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...)
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  • Just War Theory and Nuclear Strategy.James P. Sterba - 1987 - Analyse & Kritik 9 (1-2):155-174.
    I defend just war theory against pacifist, conventionalist, collectivist and feminist challenges that have been recently directed against it. I go on to apply just war theory to the use and threat to use nuclear weapons concluding that under present conditions the possession but not the threat to use a limited nuclear force is morally justified.
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  • Nanotechnologically Enhanced Combat Systems: The Downside of Invulnerability.Robert Mark Simpson & Robert Sparrow - 2014 - In Bert Gordijn & Anthony Mark Cutter (eds.), In Pursuit of Nanoethics. Dordrecht: Springer. pp. 89-103.
    In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in bello, (...)
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  • A rights-based perspective on permissible harm.Susanne Burri - manuscript
    This thesis takes up a rights-based perspective to discuss a number of issues related to the problem of permissible harm. It appeals to a person’s capacity to shape her life in accordance with her own ideas of the good to explain why her death can be bad for her, and why each of us should have primary say over what may be done to her. The thesis begins with an investigation of the badness of death for the person who dies. (...)
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  • In Defence of War.James Turner Johnson - 2014 - Journal of Military Ethics 13 (4):386-393.
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  • Naked Soldiers and the Principle of Discrimination.Stephen Deakin - 2014 - Journal of Military Ethics 13 (4):320-330.
    Robert Graves's First World War story in his autobiography Goodbye to All That, narrating his refusal to kill an enemy soldier bathing naked on the battlefield, has been made famous in the field of military ethics by Michael Walzer in his Just and Unjust Wars. The story raises the issue of whether soldiers should be granted immunity when behaving in an ‘un-warlike’ manner. It also relates to the growing understanding in military ethics that only soldiers who pose a direct threat (...)
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  • Two-Dimensional Warfare: Combatants, Warriors, and Our Post-Predator Collective Experience.M. Shane Riza - 2014 - Journal of Military Ethics 13 (3):257-273.
    This article explores the effects of our technological way of war, for the first time driving toward total combatant immunity, on the psyche of combatants and the ethos of a warrior. It is a plea for the preservation of a warrior spirit, or at least a warrior class, that views war in a philosophical and personal manner. The article posits that without a sense of the tragic, without a personal test of will and skill often at great individual risk, we (...)
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  • A Human Rights Debate on Physical Security, Political Liberty, and the Confucian Tradition.Benedict S. B. Chan - 2014 - Dao: A Journal of Comparative Philosophy 13 (4):567-588.
    There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...)
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  • The Binding Force of Nascent Norms of International Law.Anthony R. Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  • Limiting the Killing in War: Military Necessity and the St. Petersburg Assumption.Janina Dill & Henry Shue - 2012 - Ethics and International Affairs 26 (3):311-333.
    This article suggests that the best available normative framework for guiding conduct in war rests on categories that do not echo the terms of an individual rights-based morality, but acknowledge the impossibility of rendering warfare fully morally justified. Avoiding the undue moralization of conduct in war is an imperative for a normative framework that strives to actually give behavioral guidance to combatants, most of whom will inevitably be ignorant of the moral status of the individuals they encounter on the battlefield (...)
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  • La guerre, la paix et le soft power chinois.Daniel Bell - 2008 - Diogène 221 (1):36-57.
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  • Thinking politically: Essays in political theory.Paul McLaughlin - 2009 - Contemporary Political Theory 8 (2):240-242.
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  • Unjust War and a Soldier's Moral Dilemma.Jeff Montrose - 2013 - Journal of Military Ethics 12 (4):325-340.
    This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and (...)
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  • ‘Death to Tyrants’: Self-Defence, Human Rights and Tyrannicide-Part II.Shannon K. Brincat - 2009 - Journal of International Political Theory 5 (1):75-93.
    This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative validity of (...)
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  • Should autonomous robots be pacifists?Ryan Tonkens - 2013 - Ethics and Information Technology 15 (2):109-123.
    Currently, the central questions in the philosophical debate surrounding the ethics of automated warfare are (1) Is the development and use of autonomous lethal robotic systems for military purposes consistent with (existing) international laws of war and received just war theory?; and (2) does the creation and use of such machines improve the moral caliber of modern warfare? However, both of these approaches have significant problems, and thus we need to start exploring alternative approaches. In this paper, I ask whether (...)
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  • The Case for Ethical Autonomy in Unmanned Systems.Ronald C. Arkin - 2010 - Journal of Military Ethics 9 (4):332-341.
    The underlying thesis of the research in ethical autonomy for lethal autonomous unmanned systems is that they will potentially be capable of performing more ethically on the battlefield than are human soldiers. In this article this hypothesis is supported by ongoing and foreseen technological advances and perhaps equally important by an assessment of the fundamental ability of human warfighters in today's battlespace. If this goal of better-than-human performance is achieved, even if still imperfect, it can result in a reduction in (...)
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  • Climate Change as a Three-Part Ethical Problem: A Response to Jamieson and Gardiner.Ewan Kingston - 2013 - Science and Engineering Ethics 20 (4):1129-1148.
    Dale Jamieson has claimed that conventional human-directed ethical concepts are an inadequate means for accurately understanding our duty to respond to climate change. Furthermore, he suggests that a responsibility to respect nature can instead provide the appropriate framework with which to understand such a duty. Stephen Gardiner has responded by claiming that climate change is a clear case of ethical responsibility, but the failure of institutions to respond to it creates a (not unprecedented) political problem. In assessing the debate between (...)
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  • Is Abortion a Question of Personal Morality?Julie Kirsch - 2013 - International Journal of Applied Philosophy 27 (1):91-99.
    Is abortion a question of personal morality? Liberals and feminists often embrace this idea, but so also do those who are personally opposed to abortion. Someone may claim to believe personally that abortion is wrong without holding the corresponding public belief. I am interested in what exactly one means when one says that abortion is a question of personal morality. In Sec. II, I consider three influential interpretations of the claim that abortion is a question of personal morality. After showing (...)
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  • Risks and Robots – some ethical issues.Peter Olsthoorn & Lambèr Royakkers - 2011 - Archive International Society for Military Ethics, 2011.
    While in many countries the use of unmanned systems is still in its infancy, other countries, most notably the US and Israel, are much ahead. Most of the systems in operation today are unarmed and are mainly used for reconnaissance and clearing improvised explosive devices. But over the last years the deployment of armed military robots is also on the increase, especially in the air. This might make unethical behavior less likely to happen, seeing that unmanned systems are immune to (...)
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  • The Innocent in the Just War Thinking of Vitoria and Suárez: A Challenge Even for Secular Just War Theorists and International Law.Vicente Medina - 2013 - Ratio Juris 26 (1):47-64.
    Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...)
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  • What's A Just War Theorist?Aleksandar Jokic - 2012 - Journal of Theoretical and Philosophical Criminology 4 (2):91-114.
    The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war (...)
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  • Honor War Theory: Romance or Reality?Daniel Demetriou - 2013 - Philosophical Papers 42 (3):285 - 313.
    Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...)
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