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.

The just war tradition began life, primarily in the writings of Augustine and other Church Fathers, as a reaction to pacifism. In my view, contemporary just war adherents should also see pacifism as their main rival. The key question of the just war tradition is how to justify war, given that war involves intentionally attacking or killing innocent people. And this justificatory enterprise is not an easy one. Today some theorists argue that some, but not all, soldiers are liable to (...) be attacked, especially those who fight in an unjust war. In this view, some of those who fight and kill in unjust wars should not be excused for following orders or even for their ignorance. Yet, it is often hard to tell if one is fighting in an unjust war, or whether military orders are unjust. I will argue that, especially in light of new work by just war adherents, the moral risks of participating in war are so high that pacifism, at least in its contingent form, should be seen as a reasonable option. The new versions of the just war doctrine bring us much closer to pacifism than their adherents would admit. (shrink)

Common sense suggests that if a war is unjust, then there is a strong moral reason not to contribute to it. I argue that this presumption is mistaken. It can be permissible to contribute to an unjust war because, in general, whether it is permissible to perform an act often depends on the alternatives available to the actor. The relevant alternatives available to a government waging a war differ systematically from the relevant alternatives available to individuals in a position to (...) contribute to the war. Hence the conditions determining whether it is permissible for a government to wage a war often differ from the conditions determining whether it is permissible for others to promote that war. This difference is manifest most often in unjust wars with putatively humanitarian aims—an increasingly common type of war. (shrink)

Consequentialism is the family of theories that holds that acts are morally right, wrong, or indifferent in virtue of their consequences. Less formally and more intuitively, right acts are those that produce good consequences. A consequentialist theory includes at least the following three elements: an account of the properties or states in virtue of which consequences make actions right, wrong, or indifferent; a deontic principle which specifies how or to what extent the properties or states must obtain in order for (...) an action to be right, wrong, or indifferent; and finally, a specification of what is in the domain of the deontic principle. For example, mental state and desire theories provide different accounts of the first element; maximizing and satisficing are distinct deontic principles; and Act and Rule Consequentialism specify different domains over which a deontic principle ranges. A wide range of alternative theories can be generated by modifying these three elements. For example, Hedonistic Act Utilitarianism which requires that each act maximize pleasure, and Perfectionist Lifetime Minimalism which requires that each life satisfy some minimal standard of perfection are both varieties of Consequentialsm. The conceptual space Consequentialism describes is vast, versions of Consequentialism vary radically in their plausibility, and few objections count against all versions of Consequentialism. (shrink)

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.

In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

Normative theorists like to divide normative theories into classes. One special point of focus has been to place utilitarianism into a larger class of theories which do not necessarily share its view about what is alone of impersonal intrinsic value, namely, individual human well-being, but do share another structural feature, roughly its demand that each person seek to maximize the realization of what is of impersonal intrinsic value. The larger class is distinguished from its complement in two apparently different ways. (...) Let us look briefly at these two ways. (shrink)

To consequentialize a non-consequentialist theory, take whatever considerations that the non-consequentialist theory holds to be relevant to determining the deontic statuses of actions and insist that those considerations are relevant to determining the proper ranking of outcomes. In this way, the consequentialist can produce an ordering of outcomes that when combined with her criterion of rightness yields the same set of deontic verdicts that the non-consequentialist theory yields. In this paper, I argue that any plausible non-consequentialist theory can be consequentialized. (...) I explain the motivation for the consequentializing project and defend it against recent criticisms by Mark Schroeder and others. (shrink)

This paper is a response to Jeff McMahan's "Just Cause for War". It defends a more permissive, and more traditional view of just war liability against McMahan's claims.

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 (...) not, as often portrayed, independent—the justice of conduct in war largely presupposes the justice of the recourse to war. Undermining this independence claim is one important step toward revealing the unified logical structure of just war theory. I then argue that we can see the dependence of the jus in bello upon the jus ad bellum , not just in the content of certain principles, but also in the structure of the two sets of principles: I construct a one-to-one mapping between ad bellum and in bello principles. In doing so, I argue also that the shared structure successfully finds place for the questions central to the evaluation of the morality of war: what is a sufficient provocation to use force, what objectives may be sought by force, why or for what ends, who has authority to decide to use force, and when or in what circumstances? Despite variations in expression, the theory allows for a coherent and comprehensive evaluation of morality in warfare. (shrink)

Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

Does the real difference between non-consequentialist and consequentialist theories lie in their approach to value? Non-consequentialist theories are thought either to allow a different kind of value (namely, agent-relative value) or to advocate a different response to value ('honouring' rather than 'promoting'). One objection to this idea implies that all normative theories are describable as consequentialist. But then the distinction between honouring and promoting collapses into the distinction between relative and neutral value. A proper description of non-consequentialist theories can only (...) be achieved by including a distinction between temporal relativity and neutrality in addition to the distinction between agent-relativity and agent-neutrality. (shrink)

Discussions of the morality of the Gulf War have tended to embrace the traditional theory of the just war uncritically and to apply its tenets in a mechanical and unimaginative fashion. We believe, by contrast, that careful reflection of the Gulf War reveals that certain principles of the traditional theory are oversimplifications that require considerable refinement. Our aims, therefore, are both practical and theoretical. We hope to contribute to a better understanding of the ethics both of war in general and (...) of the Gulf War in particular. (shrink)

Discussions of the morality of the Gulf War have tended to embrace the traditional theory of the just war uncritically and to apply its tenets in a mechanical and unimaginative fashion. We believe, by contrast, that careful reflection of the Gulf War reveals that certain principles of the traditional theory are oversimplifications that require considerable refinement. Our aims, therefore, are both practical and theoretical. We hope to contribute to a better understanding of the ethics both of war in general and (...) of the Gulf War in particular. (shrink)