Introduction -- Cosmopolitanism -- Collective self-defense -- Subsistence wars -- Humanitarian intervention -- Commodified wars -- Asymmetrical wars -- Conclusion.

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying those (...) principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

International law and conventional morality grant that states may stand ready to defend their borders with lethal force. But what grounds the permission to kill for the sake of political sovereignty and territorial integrity? In this book leading theorists address this vexed issue, and set the terms of future debate over national defence.

Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords-protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict and (...) punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non-consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

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)

ABSTRACT Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords‐protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict (...) and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non‐consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

The prelims comprise: The Basic Concepts The Philosophical Problem Brief History Socrates and the Three Strategies Particularity and Natural Duty Accounts Associative Accounts Transactional Accounts Pluralist and Anarchist Responses Bibliography.

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 (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

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 philosophers. -/- Winner of the American Philosophical Association Frank Chapman Sharp Memorial Prize.

Contrary to what has been alleged, the moral equivalence of combatants (MEC) is not a doctrine that was expressly developed by the traditional theorists of just war. Working from the axiom that just cause is unilateral, they did not embrace a conception of public war that included MEC. Indeed, MEC was introduced in the early fifteenth century as a challenge to the then reigning just war paradigm. It does not follow, however, that the distinction between private and public war had (...) no place in the traditional teaching. Thomas Aquinas and his successors did not analyse just war by extrapolation from the related idea of self-defense. Rather, they likened just war to a legal proceeding that could solely be undertaken by persons possessed of legitimate authority. For this reason, just war was first and foremost public war. Private war was deemed ?war? only in a secondary and reduced sense of the term. It was accordingly understood that public war should be waged and its morality judged by reference to a set of norms that are not directly reducible to those governing private self (and other)-defense. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

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

This is a book about justice: the justice of a nation's major institutions and the justice of the interaction of nations on the world stage. Michael Walzer, one of North America's most prominent social critics, has written acclaimed works about the morality of warfare, the distribution of health care and political power, the need to tolerate social difference, and the nature of justice itself.

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 (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (shrink)

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 (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

Michael Walzer suggests that our common beliefs about individual responsibility and liability become largely irrelevant in the conduct of war. In conditions of war, everything is changed. Political realists have claimed that war eliminates morality; Walzer claims that war collectivizes it. I believe that conditions of war change nothing at all; they simply make it more difficult to ascertain relevant facts. This is not to say that the principles and laws that do or should govern the activity of war are (...) identical to those governing relations among individuals. Just as domestic law cannot simply restate the principles of individual morality, because the declaration and enforcement of laws have effects that must be taken into account in the formulation of the law, so too the principles, conventions, and laws of war cannot simply restate the principles of individual or international morality. The rules of war have to accommodate our epistemic limitations and to be formulated with a regard for the ways in which their announcement is likely to affect people’s behavior. But they should otherwise reflect as closely as possible the.. (shrink)

Leading political theologian Oliver O'Donovan here takes a fresh look at some traditional moral arguments about war. Modern Christians differ widely on this issue. A few hold that absolute pacifism is the only viable Christian position, others subscribe in various ways to concepts of 'just war' developed out of a Western tradition that arose from the legacies of Augustine and Aquinas, while others still adopt more pragmatically realist postures. Professor O'Donovan re-examines questions of contemporary urgency including the use of biological (...) and nuclear weapons, military intervention, economic sanctions, war crimes trials and the roles of the Geneva Convention, international conventions and the UN. His enquiry opens with a challenging dedication to the new Archbishop of Canterbury and proceeds to shed new light on vital topics with which the Archbishop and others will be very directly engaged. It should be read by anyone concerned with the ethics of warfare. (shrink)

War, Richard Norman reminds us, is treated as the great exception to the strong moral prohibition against the killing of other humans. Despite the widespread belief that war is, in many cases, permissible, its morally exceptional character suggests that there is a strong presumption against its permissibility. Norman argues that this presumption cannot be successfully rebutted and, in particular, that just-war theory, which attempts to provide such a rebuttal, fails in this endeavor. But Norman’s work is more than a critique (...) of just-war theory. He also takes up the more general task of demonstrating the basis of the moral presumption against war, that is, the basis and the nature of the prohibition against killing. This is a necessary preliminary, for only when we understand the prohibition can we adequately address the question whether the presumption against war that it establishes can be sustained. Norman provides interesting and subtle arguments concerning both the prohibition against killing and the just-war rebuttal to the presumption against war, but in the end it is not clear that his position can be coherently distinguished from the just-war position he criticizes. (shrink)

Recent just war thought has tended to prioritize just cause among the moral criteria to be satisfied for resort to armed force, reducing the requirement of sovereign authority to a secondary, supporting role: such authority is to act in response to the establishment of just cause. By contrast, Aquinas and Luther, two benchmark figures in the development of Christian thought on just war, unambiguously gave priority to the requirement of sovereign authority as instituted by God to carry out the responsibilities (...) of ensuring a just and peaceful order in the world. On this conception it is the sovereign, in deciding whether to resort to armed force, who must make sure to satisfy the other moral requirements of the jus ad bellum. This paper examines Aquinas and Luther on sovereign authority for use of armed force. Recapturing the importance of this conception is important both for the proper understanding of just war tradition and for working out its implications for such contemporary issues as humanitarian intervention and "regime change.". (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.

As it is traditionally conceived, Just War Theory is not well suited for dealing with nation vs non-nation wars. It thus makes sense to create a second Just War Theory to deal with these wars. This article explores the differences and similarities between the two theories.

Jewish law takes an approach to self-defense that differs dramatically from the conventional assumptions of Western secular legal systems. The central theme of Talmudic jurisprudence is that self-defense rests on a duty not to stand idly by while one's neighbor suffers. “Do not stand on the blood of one's neighbor,” as the point is cryptically put in Leviticus 19:16. This way of thinking about self-defense departs in two significant ways from common Western assumptions. First, it stresses that the roots of (...) self-defense are a duty rather than a right to act; second, it treats the case of third-party defense as logically prior to the first-party case of self -defense. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

The present paper is devoted to a detailed presentation of a new Military Ethics doctrine of fighting terror. It is proposed as an extension of the classical Just War Theory, which has been meant to apply to ordinary international conflicts. Since the conditions of a fight against terror are essentially different from the conditions that are assumed to hold in the classical war (military) paradigm or in the law enforcement (police) paradigm, a third model is needed. The paper proposes such (...) a model in the form of principles that should govern the activity of a democratic state when faced with terror. Eleven principle are proposed. Two are on the level of the state, including the Principle of Self-Defense Duty. Six are related to military preventive acts against activities of terror, including new formulations of a Principle of Military Necessity, a Principle of Distinction, and a Principle of Military Proportionality. Principles of Low Probabilities, Time Span Considerations and Professional Understanding are also included. Finally, three principles that are related to consciousness-directed activities against terror are added: a Principle of Permanent Notice, a Principle of Compensation, and a Principle of Operational Deterrence. The exposition of the principles is accompanied by arguments about their moral justification. The doctrine has been developed on the background of the IDF fight against acts and activities of terror performed by Palestinian individuals and organizations. (shrink)

Drawing on examples from the history of warfare from the crusades to the present day, "The ethics of war" explores the limits and possibilities of the moral regulation of war. While resisting the commonly held view that 'war is hell', A.J. Coates focuses on the tensions which exist between war and morality. The argument is conducted from a just war standpoint, though the moral ambiguity and mixed record of that tradition is acknowledge and the dangers which an exaggerated view of (...) the justice or moral worth of war poses are underlined. In the first part, the broad image of the just war is compared with the competing images of realism, militarism and pacifism. In the second part, the moral issues associated both with the decision to go to war and with the manner in which war is conducted are explored. Was the allied decision to go to war in the Gulf premature? were economic sanctions a more effective and morally preferable option? was Britain justified in going to war over the Falklands? did the allied bombing of Germany in the Second World War constitute a war crime? should the IRA's claim to belligerent status be recognised? these questions and more are raised in this important book. (shrink)

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 (...) an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war. (shrink)

America is at war with terrorism. Terrorists must be brought to justice.We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in (...) the age of terrorism. George Fletcher also draws on his rare ability to combine insights from history, philosophy, literature, and law to place these debates in a rich cultural context. He seeks to explain why Americans--for so many years cynical about war--have recently found war so appealing. He finds the answer in a revival of Romanticism, a growing desire in the post-Vietnam era to identify with grand causes and to put nations at the center of ideas about glory and guilt.Fletcher opens with unsettling questions about the nature of terrorism, war, and justice, showing how dangerously slippery the concepts can be. He argues that those sympathetic to war are heirs to the ideals of Byron, Fichte, and other Romantics in their belief that nations--not just individuals--must uphold honor and be held accountable for crimes. Fletcher writes that ideas about collective glory and guilt are far more plausible and widespread than liberal individualists typically recognize. But as he traces the implications of the Romantic mindset for debates about war crimes, treason, military tribunals, and genocide, he also shows that losing oneself in a grand cause can all too easily lead to moral catastrophe.A work of extraordinary intellectual power and relevance, the book will change how we think not only about world events, but about the conflicting individualist and collective impulses that tear at all of us. (shrink)

The Moral Target: Aiming at Right Conduct in War and Other Conflicts comprises essays that discuss aspects of war and other conflicts in the light of nonconsequentialist ethical theory. Topics include the relation between conditions that justify starting war and those that justify stopping it, the treatment of combatants and noncombatants in war, collaboration, justice after war and other conflicts, terrorism, resistance to communal injustice, and nuclear deterrence.

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is (...) a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

Can a soldier be held responsible for fighting in a war that is illegal or unjust? The chapters in the book both challenge and defend many deeply held assumptions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality.

The Ethics of War is an indispensable collection of essays addressing issues both timely and age-old about the nature and ethics of war. Features essays by great thinkers from ancient times through to the present day, among them Plato, Augustine, Aquinas, Machiavelli, Grotius, Kant, Russell, and Walzer Examines timely questions such as: When is recourse to arms morally justifiable? What moral constraints should apply to military conduct? How can a lasting peace be achieved? Will appeal to a broad range of (...) readers interested in morality and ethics in war time Includes informative introductions and helpful marginal notes by editors. (shrink)

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 (...) combatants the principle of non-combatant immunity and the nature of terrorism and the moral status of terrorists. Each chapter uses examples and concludes with a summary, discussion questions and suggestions for further reading to aid student engagement, learning and revision. The glossary has been expanded to cover the full range of relevant terminology. This is the ideal textbook for students of philosophy and politics approaching this important area for the first time. (shrink)

Introduction -- Just war theory -- Objections to just war theory -- Easy cases : Germany, Japan, Korea -- Harder cases : Serbia, Russia, Kosovo, Iraq -- Multiple reasons -- More problems with just war theory -- Prevention : Sri Lanka, Thailand -- Two just war theories -- Problems with just war theory I -- Problems for just war theory II -- Closing thoughts.

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

Can war ever be justified? Why is it wrong to kill? In this new book Richard Norman looks at these and other related questions, and thereby examines the possibility and nature of rational moral argument. Practical examples, such as the Gulf War and the Falklands War, are used to show that, whilst moral philosophy can offer no easy answers, it is a worthwhile enterprise which sheds light on many pressing contemporary problems. A combination of lucid exposition and original argument makes (...) this the ideal introduction to both the particular debate about the ethics of killing and war, and also to the fundamental issues of moral philosophy itself. (shrink)

One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.

this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they can (...) justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)