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Proxy Battles in Just War Theory: _Jus in Bello_, the Site of Justice, and Feasibility Constraints

In David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy, Volume 3. Oxford University Press. pp. 166-193 (2017)

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  1. Killing in war.Jeff McMahan - 2009 - New York: Oxford University Press.
    Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.
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  • Cosmopolitan war.Cécile Fabre - 2012 - Oxford: Oxford University Press.
    Introduction -- Cosmopolitanism -- Collective self-defense -- Subsistence wars -- Humanitarian intervention -- Commodified wars -- Asymmetrical wars -- Conclusion.
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  • Famine, affluence, and morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
    As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...)
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  • The Ethics of War and Peace: An Introduction.Helen Frowe - 2011 - New Abington: Routledge.
    When is it right to go to war? When is a war illegal? What are the rules of engagement? What should happen when a war is over? How should we view terrorism? _The Ethics of War and Peace_ is a fresh and contemporary introduction to one of the oldest but still most relevant ethical debates. It introduces students to contemporary Just War Theory in a stimulating and engaging way, perfect for those approaching the topic for the first time. Helen Frowe (...)
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  • Institutionalizing the Just War.Allen Buchanan - 2018 - Oup Usa.
    Institutionalizing the Just War provides a new approach to theorizing the morality of war and argues that sound moral principles regarding war-making must take into account the fact that the validity of moral principles can depend upon existing institutions and social practices.
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  • Just And Unjust Wars.Michael Walzer - 1977 - New York: Basic Books.
    This classic work examines the issues surrounding military theory, war crimes, and the spoils of war from the Athenian attack on Melos to the My Lai massacre.
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  • Ideal vs. Non‐ideal Theory: A Conceptual Map. [REVIEW]Laura Valentini - 2012 - Philosophy Compass 7 (9):654-664.
    This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...)
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  • Moral Predators: The Duty to Employ Uninhabited Aerial Vehicles.Bradley Jay Strawser - 2010 - Journal of Military Ethics 9 (4):342-368.
    A variety of ethical objections have been raised against the military employment of uninhabited aerial vehicles (UAVs, drones). Some of these objections are technological concerns over UAVs abilities’ to function on par with their inhabited counterparts. This paper sets such concerns aside and instead focuses on supposed objections to the use of UAVs in principle. I examine several such objections currently on offer and show them all to be wanting. Indeed, I argue that we have a duty to protect an (...)
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  • Fabre’s Crusade for Justice: Why We Should Not Join. [REVIEW]Daniel Statman - 2014 - Law and Philosophy 33 (3):337-360.
    Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just (...)
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  • Utilitarianism and Recourse to War.William H. Shaw - 2011 - Utilitas 23 (4):380-401.
    Despite the enormous impact that war and the threat of war have had on human well-being, utilitarians have had surprisingly little to say about when, if ever, we may fight wars. Discussion of this question has been dominated by realism, pacifism and just war theory. This article takes some preliminary steps toward remedying this situation. I begin by spelling out what I call the Utilitarian War Principle (UWP). After presenting some considerations in its favour and answering some possible objections to (...)
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  • Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.
    This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...)
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  • Two Concepts of the Basic Structure, and their Relevance to Global Justice.Miriam Ronzoni - 2008 - Global Justice Theory Practice Rhetoric 1:68-85.
    G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; According (...)
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  • Two Concepts of the Basic Structure, and their Relevance to Global Justice.Miriam Ronzoni - 2014 - Global Justice : Theory Practice Rhetoric 1.
    G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; According (...)
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  • War and self-defense.David Rodin - 2004 - Ethics and International Affairs 18 (1):63–68.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...)
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  • War and Self Defense.David Rodin - 2002 - Oxford, GB: Oxford University Press UK.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...)
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  • On the Site of Distributive Justice: Reflections on Cohen and Murphy.Thomas W. Pogge - 2000 - Philosophy and Public Affairs 29 (2):137-169.
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  • Institutions and the Demands of Justice.Liam B. Murphy - 1998 - Philosophy and Public Affairs 27 (4):251-291.
    In the first sentence of the first section of A Theory of Justice Rawls writes that “justice is the first virtue of social institutions.” He soon elaborates.
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  • Innocence and Responsibility in War.Lionel K. McPherson - 2004 - Canadian Journal of Philosophy 34 (4):485-506.
    Innocence is a notion that can prove controversial. Claims of innocence typically support not imposing burdens on the innocent when their conduct is relevantly unobjectionable. This paper examines innocence in the context of violent conflict between states or groups. Many thinkers about the morality of such violence want to establish a principle that would protect innocent civilians. Yet the common view in just war theory does not affirm the moral innocence of civilians. Similarly, the common view that soldiers have an (...)
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  • Who is Morally Liable to be Killed in War. [REVIEW]J. McMahan - 2011 - Analysis 71 (3):544-559.
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  • The ethics of killing in war.Jeff McMahan - 2004 - Ethics 114 (4):693-733.
    The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...)
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  • Innocence, self-defense and killing in war.Jeff McMahan - 1994 - Journal of Political Philosophy 2 (3):193–221.
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  • The responsibility dilemma for killing in war: A review essay.Seth Lazar - 2010 - Philosophy and Public Affairs 38 (2):180-213.
    Killing in War presents the Moral Equality of Combatants with serious, and in my view insurmountable problems. Absent some novel defense, this thesis is now very difficult to sustain. But this success is counterbalanced by the strikingly revisionist implications of McMahan’s account of the underlying morality of killing in war, which forces us into one of two unattractive positions, contingent pacifism, or near-total war. In this article, I have argued that his efforts to mitigate these controversial implications fail. The reader (...)
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  • In dubious battle: uncertainty and the ethics of killing.Seth Lazar - 2018 - Philosophical Studies 175 (4):859-883.
    How should deontologists concerned with the ethics of killing apply their moral theory when we don’t know all the facts relevant to the permissibility of our action? Though the stakes couldn’t be higher, and uncertainty is endemic where killing is concerned, few deontologists have an answer to this question. In this paper I canvass two possibilities: that we should apply a threshold standard, equivalent to the ‘beyond a reasonable doubt’ standard applied for criminal punishment; and that we should fit our (...)
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  • Understanding Political Feasibility.Holly Lawford-Smith - 2012 - Journal of Political Philosophy 21 (3):243-259.
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  • Basic Structure and the Value of Equality.A. J. Julius - 2003 - Philosophy and Public Affairs 31 (4):321-355.
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  • The Feasibility Condition in Political Theory.J. Räikkä - 1998 - Journal of Political Philosophy 6 (1):27-40.
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  • Order and Affray: Defensive Privileges in Warfare.Toby Handfield & Patrick Emerton - 2009 - Philosophy and Public Affairs 37 (4):382 - 414.
    Just war theory is a difficult, even paradoxical, philosophical topic. It is not just that warfare involves large-scale, organised, deliberate killing, and hence might seem the very paradigm of immorality. The just war tradition sharply divorces the question of whether or not it is permissible to resort to war – the question of jus ad bellum – from the question of how and against whom one may inflict harm once at war – the question of jus in bello. As Michael (...)
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  • Feasibility and Socialism.Pablo Gilabert - 2010 - Journal of Political Philosophy 19 (1):52-63.
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  • The Feasibility Constraint on The Concept of Justice.Anca Gheaus - 2013 - Philosophical Quarterly 63 (252):445-464.
    There is a widespread belief that, conceptually, justice cannot require what we cannot achieve. This belief is sometimes used by defenders of so-called ‘non-ideal theories of justice’ to criticise so-called ‘ideal theories of justice’. I refer to this claim as ‘the feasibility constraint on the concept of justice’ and argue against it. I point to its various implausible implications and contend that a willingness to apply the label ‘unjust’ to some regrettable situations that we cannot fix is going to enhance (...)
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  • Realism in political theory.William A. Galston - 2010 - European Journal of Political Theory 9 (4):385-411.
    In recent decades, a ‘realist’ alternative to ideal theories of politics has slowly taken shape. Bringing together philosophers, political theorists, and political scientists, this countermovement seeks to reframe inquiry into politics and political norms. Among the hallmarks of this endeavor are a moral psychology that includes the passions and emotions; a robust conception of political possibility and rejection of utopian thinking; the belief that political conflict — of values as well as interests — is both fundamental and ineradicable; a focus (...)
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  • Self-Defence and the Principle of Non-Combatant Immunity.Helen Frowe - 2011 - Journal of Moral Philosophy 8 (4):530-546.
    The reductivist view of war holds that the moral rules of killing in war can be reduced to the moral rules that govern killing between individuals. Noam Zohar objects to reductivism on the grounds that the account of individual self-defence that best supports the rules of war will inadvertently sanction terrorist killings of non-combatants. I argue that even an extended account of self-defence—that is, an account that permits killing at least some innocent people to save one's own life—can support a (...)
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  • A practical account of self-defence.Helen Frowe - 2010 - Law and Philosophy 29 (3):245-272.
    I argue that any successful account of permissible self- defence must be action-guiding, or practical . It must be able to inform people’s deliberation about what they are permitted to do when faced with an apparent threat to their lives. I argue that this forces us to accept that a person can be permitted to use self-defence against Apparent Threats: characters whom a person reasonably, but mistakenly, believes threaten her life. I defend a hybrid account of self-defence that prioritises an (...)
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  • Justifying self-defense.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):711-749.
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  • Guns, food, and liability to attack in war.Cécile Fabre - 2009 - Ethics 120 (1):36-63.
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  • On following orders in an unjust war.David Estlund - 2007 - Journal of Political Philosophy 15 (2):213–234.
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  • Human Nature and the Limits (If Any) of Political Philosophy.David Estlund - 2011 - Philosophy and Public Affairs 39 (3):207-237.
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  • Where the Action Is: On the Site of Distributive Justice.G. A. Cohen - 1997 - Philosophy and Public Affairs 26 (1):3-30.
    The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected].
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  • Facts and Principles.G. A. Cohen - 2003 - Philosophy and Public Affairs 31 (3):211-245.
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  • The Preventive Use of Force: A Cosmopolitan Institutional Proposal.Allen Buchanan & Robert O. Keohane - 2004 - Ethics and International Affairs 18 (1):1-22.
    Preventive use of force may be defined as the initiation of military action in anticipation of harmful actions that are neither presently occurring nor imminent. This essay explores the permissibility of preventive war from a cosmopolitan normative perspective, one that recognizes the basic human rights of all persons, not just citizens of a particular country or countries. It argues that preventive war can only be justified if it is undertaken within an appropriate rule-governed, institutional framework that is designed to help (...)
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  • Institutionalizing the Just War.Allen Buchanan - 2005 - Philosophy and Public Affairs 34 (1):2-38.
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  • Famine, Affluence, and Morality.Peter Singer - 1972 - Oxford University Press USA.
    In 1972, the young philosopher Peter Singer published "Famine, Affluence and Morality," which rapidly became one of the most widely discussed essays in applied ethics. Through this article, Singer presents his view that we have the same moral obligations to those far away as we do to those close to us. He argued that choosing not to send life-saving money to starving people on the other side of the earth is the moral equivalent of neglecting to save drowning children because (...)
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  • A defense of the traditional war convention.Yitzhak Benbaji - 2008 - Ethics 118 (3):464-495.
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  • Sparing Civilians.Seth Lazar - 2015 - Oxford, GB: Oxford University Press UK.
    Killing civilians is worse than killing soldiers. If any moral principle commands near universal assent, this one does. Few moral principles have been more widely and more viscerally affirmed. And yet, in recent years it has faced a rising tide of dissent. Political and military leaders seeking to slip the constraints of the laws of war have cavilled and qualified. Their complaints have been unwittingly aided by philosophers who, rebuilding just war theory from its foundations, have concluded that this principle (...)
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  • Just and Unjust Wars: A Moral Argument with Historical Illustrations.Michael Walzer - 1979 - Science and Society 43 (2):247-249.
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  • The Heart of Human Rights.Allen Buchanan - 2013 - New York, US: Oup Usa.
    This book is the first in-depth attempt to provide a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights.
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  • Defensive Killing.Helen Frowe - 2014 - Oxford, UK: Oxford University Press.
    Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against (...)
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  • Democratic Authority: A Philosophical Framework.David M. Estlund - 2008 - Princeton University Press.
    Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...)
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  • Torture, Terror, and Trade-Offs: Philosophy for the White House.Jeremy Waldron - 2010 - Oxford University Press.
    This volume collects Jeremy Waldron's challenging and influential work on the moral, political and legal issues surrounding the response to terrorism since 9/11. The volume will be essential reading for all those engaged with contemporary politics and security law, and the continuing struggle for an ethical response to terrorism.
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  • The Ethics of War and Peace: An Introduction.Helen Frowe - 2011 - New York, NY: Routledge.
    The Ethics of War and Peace is a lively introduction to one of the oldest but still most relevant ethical debates. Focusing on the philosophical questions surrounding the ethics of modern war, Helen Frowe presents contemporary just war theory in a stimulating and accessible way. This 2nd edition includes new material on weapons and technology, and humanitarian intervention, in addition to: theories of self-defence and national defence jus ad bellum, jus in bello and jus post bellum the moral status of (...)
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  • Living with Uncertainty: The Moral Significance of Ignorance.Michael J. Zimmerman - 2008 - New York: Cambridge University Press.
    Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...)
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