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Just and Unjust Wars

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

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  1. The Principle of Non-Combatan Immunity- Interpretations, Challenges, Suggestons.Lukáš Švaňa - 2015 - Human Affairs 25 (4):421-429.
    The article deals with one of the most problematic principles of just war theory. It looks at the usage of the terms civilian, innocent and non-combatant and suggests how they can be interpreted. The principle of non-combatant immunity remains a real challenge for just war theory in the 21st century as it is designed to protect a specific group of people in times of war. The article considers the problematic issue of targeting non-combatants in war times as well as suggesting (...)
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  • In Defense of Mercy.Daniel Alejandro Restrepo - 2020 - Journal of Military Ethics 19 (1):40-55.
    Though it is legally permissible to kill combatants in war,unless they are rendered hors de combat,the existence of Naked Soldiers raises an important moral question: should combatants kill vulnerable enemy combatants or show mercy towards them? Most philosophers who address this question argue that it is morally permissible to kill the Naked Soldier given the extended notion of self-defense during war. They ground their arguments in a form of collectivism. In this essay, I use Larry May’s argument. He offers an (...)
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  • Whose Sovereignty? Empire Versus International Law.Jean L. Cohen - 2004 - Ethics and International Affairs 18 (3):1-24.
    This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...)
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  • Educating for Restraint.Peter Olsthoorn - 2022 - In Eric-Hans Kramer & Tine Molendijk (eds.), Violence in Extreme Conditions: Ethical Challenges in Military Practice. Springer. pp. 119-130.
    Today, many armed forces consider teaching virtues to be an important complement to imposing rules and codes from above. Yet, it is mainly established military virtues such as courage and loyalty that dominate both the lists of virtues and values of most militaries and the growing body of literature on military virtues. Some of these virtues, however, may be less suited for today’s missions, which more often than not require restraint on the part of military personnel. This chapter looks into (...)
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  • Responsibility Gaps and Retributive Dispositions: Evidence from the US, Japan and Germany.Markus Kneer & Markus Christen - manuscript
    Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable willingness (...)
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  • Contemporary Just War Thinking: Which Is Worse, to Have Friends or Critics?James Turner Johnson - 2013 - Ethics and International Affairs 27 (1):25-45.
    The increasingly widespread and energetic engagement with the idea of just war over the last fifty years of thinking on morality and armed conflict—especially in English-speaking countries—presents a striking contrast to the previous several centuries, going back to the early 1600s, in which thinkers addressing moral issues related to war did so without reference to the just war idea.
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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, Netherlands: 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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  • The Duty to Promote Digital Minimalism in Group Agents.Timothy Aylsworth & Clinton Castro - 2024 - In Kantian Ethics and the Attention Economy: Duty and Distraction. Palgrave Macmillan.
    In this chapter, we turn our attention to the effects of the attention economy on our ability to act autonomously as a group. We begin by clarifying which sorts of groups we are concerned with, which are structured groups (groups sufficiently organized that it makes sense to attribute agency to the group itself). Drawing on recent work by Purves and Davis (2022), we describe the essential roles of trust (i.e., depending on groups to fulfill their commitments) and trustworthiness (i.e., the (...)
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  • From Hiroshima to Baghdad: Military Hegemony versus Just Military Preparedness.Harry van der Linden - 2010 - In Edward Demenchonok (ed.), Philosophy after Hiroshima. Newcastle upon Tyne, UK: Cambridge Scholars Publishing. pp. 203-232.
    In this paper I question the morality of U.S. military supremacy or hegemony in terms of what constitute the legitimate use of military force and the proper preparation for using such force. I first discuss in a somewhat synoptic fashion how American hegemonic military force has been justified in dishonest ways and wrongly executed. Next, I show that Just War Theory needs to be revised in order to come to a convincing assessment of U.S. military hegemony and its use 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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  • What Should Realists Say About Honor Cultures?Dan Demetriou - 2014 - Ethical Theory and Moral Practice 17 (5):893-911.
    Richard Nisbett and Dov Cohen’s (1996) influential account of “cultures of honor” speculates that honor norms are a socially-adaptive deterrence strategy. This theory has been appealed to by multiple empirically-minded philosophers, and plays an important role in John Doris and Alexandra Plakias’ (2008) antirealist argument from disagreement. In this essay, I raise four objections to the Nisbett-Cohen deterrence thesis, and offer another theory of honor in its place that sees honor as an agonistic normative system regulating prestige competitions. Since my (...)
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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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  • Replies to Sherman, Nussbaum, and Berman.John Deigh - 2022 - Philosophy and Phenomenological Research 104 (3):792-801.
    Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 792-801, May 2022.
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  • Dignity's gauntlet.Remy Debes - 2009 - Philosophical Perspectives 23 (1):45-78.
    The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because none of (...)
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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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  • Toward a Collectivist National Defense.Jeremy Davis - 2020 - Philosophia 48 (4):1333-1354.
    Most philosophers writing on the ethics of war endorse “reductivist individualism,” a view that holds both that killing in war is subject to the very same principles of ordinary morality ; and that morality concerns individuals and their rights, and does not treat collectives as having any special status. I argue that this commitment to individualism poses problems for this view in the case of national defense. More specifically, I argue that the main strategies for defending individualist approaches to national (...)
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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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  • Operationalizing the Ethics of Soldier Enhancement.Jovana Davidovic & Forrest S. Crowell - 2022 - Journal of Military Ethics 20 (3-4):180-199.
    This article is a result of a unique project that brought together academics and military practitioners with a mind to addressing difficult moral questions in a way that is philosophically careful,...
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  • Just war theory, humanitarian intervention, and the need for a democratic federation.John J. Davenport - 2011 - Journal of Religious Ethics 39 (3):493-555.
    The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...)
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  • Ambiguities in the 'War on Terror'.David L. Perry - 2005 - Journal of Military Ethics 4 (1):44-51.
    Kasher and Yadlin make significant contributions to the literature on counter-terrorism, (1) in their fine-tuned distinctions among degrees of individual involvement in terrorist activities, and (2) in weighing (a) obligations to minimize harm to one's own noncombatants and combatants against (b) the duty to limit harm to non-citizen noncombatants. But the authors? analysis is hampered by some ambiguous definitions, some unwieldy terms, and some questionable moral assumptions and arguments.
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  • War Is Not Just an Event: Reflections on the Significance of Everyday Violence.Chris J. Cuomo - 1996 - Hypatia 11 (4):30 - 45.
    Although my position is in basic agreement with the notion that war and militarism are feminist issues, I argue that approaches to the ethics of war and peace which do not consider "peacetime" military violence are inadequate for feminist and environmentalist concerns. Because much of the military violence done to women and ecosystems happens outside the boundaries of declared wars, feminist and environmental philosophers ought to emphasize the significance of everyday military violence.
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  • Us responsibility for war crimes in iraq.J. Angelo Corlett - 2010 - Res Publica 16 (2):227-244.
    This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.
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  • The ethics of prioritisation and advocacy dilemmas: Bullfighting or veganism?Luis Cordeiro-Rodrigues - 2020 - South African Journal of Philosophy 39 (1):63-78.
    Animal, Basta and PAN are the main advocates of animal rights in Portugal. These groups have prioritised abolishing bullfighting over other causes. It is the purpose of this article to challenge the reasons why this prioritisation was made and argue that pro-vegan campaigns should be prioritised. I argue that this prioritisation ought not to be made for a variety of reasons. Namely animal farming is the main cause of suffering; the educational argument provided is disproved by theory and empirical evidence; (...)
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  • Charlie Hebdo attacks in the light of Aquinas’ Doctrine of double effect and ignatieff’s lesser evil theory.Lukáš Švaňa - 2016 - Human Affairs 26 (1):63-72.
    The aim of this paper is to study and analyse the Charlie Hebdo attacks from a methodological and an ethical perspective, concentrating generally, though in some cases indirectly, on the consequences of our actions and the motives behind them. The analysis examines the issues of liberties, freedoms and responsibilities in general and further applies these values to the phenomenon of terrorism in contemporary society. The primary goal of this study is to use the Thomas Aquinas doctrine of double effect and (...)
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  • The leaders and the led: Problems of just war theory.C. A. J. Coady - 1980 - Inquiry: An Interdisciplinary Journal of Philosophy 23 (3):275 – 291.
    Any attempt to justify war in the fashion of just war theories risks underestimating its morally problematic nature. This becomes clear if we ask how the individual soldier or citizen is supposed to use just war theory in his own thinking. Michael Walzer's recent book, Just and Unjust Wars, illustrates the problem nicely. Walzer's view is that whether a state is justified in going to war is not a matter for the citizen to judge, and with regard to the way (...)
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  • Nonlethal Weapons and Noncombatant Immunity: Is it Permissible to Target Noncombatants?Chris Mayer - 2007 - Journal of Military Ethics 6 (3):221-231.
    The concept of noncombatant immunity prohibits the intentional targeting of noncombatants. The availability of nonlethal weapons (NLW) may weaken this prohibition, especially since using NLWs against noncombatants may, in some cases, actually save the noncombatants' lives. Given the advancement of NLWs, I argue that their probable appearance on the battlefield demands close scrutiny due to the moral problems associated with their use. In this paper, I examine four distinct cases and determine whether the use of NLWs is morally permissible. While (...)
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  • Military Service as a Practice: Integrating the Sword and Shield Approaches to Military Ethics.Christopher Toner - 2006 - Journal of Military Ethics 5 (3):183-200.
    The military's purpose centrally includes fighting its nation's wars, serving as the nation's sword. The dominant approach to military ethics today, which I will call the ?sword approach?, focuses on this purpose and builds an ethic out of the requirements the purpose imposes on soldiers. Yet recently philosophers such as Shannon French and Nancy Sherman have developed an alternative that I will call the ?shield approach?, which focuses on articulating a warrior code as a moral shield that can safeguard soldiers? (...)
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  • Utilitarian Contingent Pacifism and Article 9 of the Japanese Constitution.Benedict S. B. Chan - 2022 - Philosophia 51 (2):635-657.
    For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...)
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  • Just war, noncombatant immunity, and the concept of supreme emergency.David K. Chan - 2012 - Journal of Military Ethics 11 (4):273-286.
    The supreme emergency exemption proposed by Michael Walzer has engendered controversy because it permits violations of the jus in bello principle of discrimination when a state is faced with imminent defeat at the hands of a very evil enemy. Traditionalists among just war theorists believe that noncombatants should never be deliberately targeted in war whether or not there is a supreme emergency. Pacifists on the other hand reject war as immoral even in a supreme emergency. Unlike Walzer, neither just war (...)
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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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  • Fighting a Just War in the Midst of an Unreasonable International Strife: World War I and the Collapse of the Central European System of the Triple Imperial Dominion.Adam Cebula - 2020 - Journal of Military Ethics 19 (2):135-150.
    This article constitutes an attempt to demonstrate the complexity of factors affecting the legitimate acquisition and reasonable exercise by a political community of the right to war as specified i...
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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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  • An Interview with Michael Walzer.Mikael Carleheden & René Gabriëls - 1997 - Theory, Culture and Society 14 (1):113-130.
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  • Two Kinds of Climate Justice: Avoiding Harm and Sharing Burdens.Simon Caney - 2013 - Journal of Political Philosophy 21 (4):125-149.
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  • Two Kinds of Climate Justice: Avoiding Harm and Sharing Burdens.Simon Caney - 2014 - Journal of Political Philosophy 22 (2):125-149.
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  • It never dies: Assessing the Nazi analogy in bioethics. [REVIEW]Courtney S. Campbell - 1992 - Journal of Medical Humanities 13 (1):21-29.
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  • The metaethical paradox of just war theory.Laurie Calhoun - 2001 - Ethical Theory and Moral Practice 4 (1):41-58.
    The traditional requirements upon the waging of a just war are ostensibly independent, but in actual practice each tenet is subject ultimately to the interpretation of a legitimate authority, whose declaration becomes the necessary and sufficient condition. While just war theory presupposes that some acts are absolutely wrong, it also implies that the killing of innocents can be rendered permissible through human decree. Nations are conventionally delimited, and leaders are conventionally appointed. Any group of people could band together to form (...)
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  • The U.S. Military-Industrial Complex is Circumstantially Unethical.Edmund F. Byrne - 2010 - Journal of Business Ethics 95 (2):153 - 165.
    Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, then, is (...)
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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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  • Give Peace a Chance: A Mantra for Business Strategy.Edmund F. Byrne - 1999 - Journal of Business Ethics 20 (1):27 - 37.
    The journalistic device of applying military imagery to describe business strategies is appropriate insofar as businesses implicitly base their strategies on a military model whose origins lie in Social Darwinism. What this involves is an unexamined understanding that any means may be adopted to achieve corporate objectives. Recent workforce reductions are manifestations of this understanding; but so are practices associated with mergers and acquisitions and with government-effectuated takings. Regulation, rather than being overbroad, cannot contain these corporate excesses; and social pressure (...)
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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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  • The ethics of excess and indian intervention in south asia.Ralph Buultjens - 1989 - Ethics and International Affairs 3:73–100.
    India has promoted its power through intervention in neighboring countries under the cloak of morality. The United States, Great Britain, and Russia have nonetheless tacitly endorsed India's role as the policing force in the region. Does this recognition justify India's actions toward its weaker and smaller neighbors?
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  • Patti Tamara Lenard: How Should Democracies Fight Terrorism?: Polity Press, 2020, 140 pp, ISBN 9781509540754. [REVIEW]Alexander Bryan - 2021 - Res Publica 27 (4):681-685.
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  • Thinking politically: Essays in political theory.Chris Brown - 2009 - Contemporary Political Theory 8 (2):240-242.
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  • Self-Defense in an Imperfect World.Chris Brown - 2003 - Ethics and International Affairs 17 (1):2-8.
    In his address at West Point on June 1, 2002, President George W. Bush appeared to be signaling America’s willingness to regard the mere possession of weapons of mass destruction by potential enemies as grounds for an anticipatory war.
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  • John Rawls, "the law of peoples," and international political theory.Chris Brown - 2000 - Ethics and International Affairs 14:125–132.
    "The Law of Peoples" has been extended into a monograph with the same title,which is the main focus of this essay. Brown includes a sketch of Rawls’s project as a whole as a necessary preliminary.
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  • Judging the judges: Evaluating challenges to proper authority in just war theory.Davis Brown - 2011 - Journal of Military Ethics 10 (3):133-147.
    Abstract The article criticizes the trend of reformulating the traditional just-war criterion of Proper Authority, which was designed to de-legitimize force by non-state actors, into a requirement that decisions to resort to force be multilateral. The article illustrates several shortcomings of the judgment processes of the UN Security Council and General Assembly, the World Court, and states? populations, and argues among other things that reformulating Proper Authority would render other criteria meaningless, especially Just Cause. Finally, the article rebuts the strongest (...)
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  • ‘Death to Tyrants’: The Political Philosophy of Tyrannicide—Part I.Shannon K. Brincat - 2008 - Journal of International Political Theory 4 (2):212-240.
    This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of social contract (...)
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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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  • Same duties, different motives: ethical theory and the phenomenon of moral motive pluralism.Hugh Breakey - 2018 - Philosophical Studies 175 (2):531-552.
    Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...)
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