Results for 'Laws of Armed Conflict'

981 found
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  1. The Grotius Sanction: Deus Ex Machina. The legal, ethical, and strategic use of drones in transnational armed conflict and counterterrorism.James Welch - 2019 - Dissertation, Leiden University
    The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely (...)
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  2. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York , NY: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  3. Conspiring with the Enemy: The Ethic of Cooperation in Warfare.Yvonne Chiu - 2019 - New York, NY, USA: Columbia University Press.
    *North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...)
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  4. Punishing Robots – Way Out of Sparrow’s Responsibility Attribution Problem.Maciek Zając - 2020 - Journal of Military Ethics 19 (4):285-291.
    The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...
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  5. Beyond Deadlock: Low Hanging Fruit and Strict yet Available Options in AWS Regulation.Maciej Zając - 2022 - Journal of Ethics and Emerging Technologies 2 (32):1-14.
    Efforts to ban Autonomous Weapon Systems were both unsuccessful and controversial. Simultaneously the need to address the detrimental aspects of AWS development and proliferation continues to grow in scope and urgency. The article presents several regulatory solutions capable of addressing the issue while simultaneously respecting the requirements of military necessity and so attracting a broad consensus. Two much stricter solutions – regional AWS bans and adoption of a no first use policy – are also presented as fallback strategies in case (...)
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  6. Burden of Proof in the Autonomous Weapons Debate.Maciek Zając - 2024 - Ethics and Armed Forces 2024 (1):34-42.
    The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires (...)
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  7. Functioning of Healthcare Facilities under the Martial Law.Tetiana Sviatenko, Inna Gogunska, Oleksandr P. Krupskyi, Tetiana Ihnatova & Liubov Bilyk - 2023 - Khazar Journal of Humanities and Social Sciences 26 (3):24-27.
    This topic focuses on the problems that arise in providing medical care to the population during armed conflict or martial law. Under such conditions, hospitals, clinics, and other healthcare facilities have to work in challenging circumstances with limited resources and reduced security for medical personnel. This topic explores such issues as how martial law affects the work of medical institutions, what problems arise in providing medical care to the population in war, how war affects the health of the (...)
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  8. Just War Theory: Revisionists Vs Traditionalists.Seth Lazar - 2017 - Annual Review of Political Science 20:37-54.
    Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war (...)
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  9. A Critical Analysis of Philosophical Foundation of Human Rights.Amit Singh - manuscript
    Human rights are grand political philosophy of the modern times, thus no wonder as a language of progressive politics which once was discourse of social emancipation (Boaventura Santos, 2002), has transcended national boundaries to become aspiration of humankind (Samul Moyn (2010), and is a commonly shared bulwark against evil (Lynn Hunt, 2007). Centred upon moral belief propelled on metaphysical moral assumption with its origin in Christianity pity and Enlightment discourse, however, human rights have become a sort of moral imperialism of (...)
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  10. Is Obedience a Virtue?Jessica Wolfendale - 2019 - In Michael Skerker, David Whetham & Don Carrick (eds.), Military Virtues. Havant: Howgate Publishing. pp. 62-69.
    In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...)
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  11. 2019 NASSP Book Award Panel - Reply to Commentators. The Boundaries of Battlefields, Collaboration Between Enemies, and Just War Theory.Yvonne Chiu - 2021 - Social Philosophy Today 37:225-233.
    Reply to commentators: Symposium on the winner of the 2019 NASSP Book Award Prize: Yvonne Chiu, *Conspiring with the Enemy: The Ethic of Cooperation in Warfare* (Columbia University Press, 2019).
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  12. Autonomous Weapon Systems in Just War Theory perspective. Maciej - 2022 - Dissertation,
    Please contact me at maciekzajac1@gmail.com if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, prominently (...)
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  13. Human Rights and Scimitar of Terrorism: Insight South Asia.Mohammad Rubaiyat Rahman - 2015 - Dhaka: Empowerment through Law of the Common People (ELCOP). Edited by Mizanur Rahman & Md Rahmat Ullah.
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  14. Drones and the Future of Armed Conflict: Ethical, Legal, and Strategic Implications, edited by David Cortright, Rachel Fairhurst, and Kristen Wall. [REVIEW]Edmund Byrne - 2016 - Michigan War Studies Review 2016 (071):1-3.
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  15. Travel, Friends, and Killing.Seth Lazar - 2016 - In David Edmonds (ed.), Philosophers Take on the World. Oxford University Press UK. pp. 25-27.
    Military recruitment campaigns emphasize adventure, skills and camaraderie but rarely mention the moral complexities of armed conflict. Enlisting in state armed forces poses the risk of being complicit in unjust wars and associated war crimes. For prospective recruits concerned with morality, the decision is challenging. The probability of wrongdoing alone does not settle the matter; many lawful activities increase risks of future wrongdoing. The permissibility of enlisting depends on weighing expectations of doing good versus wrong. -/- (...) forces provide security and humanitarian aid, so members often do much good. To assess individual decisions, consider whether the institution itself is justified. “Minimal justification” means armed forces cause less wrong than having none. “Full justification” means they cause less wrong than feasible alternatives. If justified, the participation needed for functioning should be permitted; volunteers take risks knowingly. -/- If minimally justified, either participation is permitted as above, or impermissible "dirty hands" roles are required, and either conscription distributes burden fairly or volunteers show "moral courage". The real question is institutional justification, not individual permissibility. To argue enlisting is impermissible implies arguing for disbanding the military. -/- If state armed forces are at least minimally justified, enlisting is likely morally permitted or even praiseworthy. Prospective recruits should consider institutional justification and expectations of contributing to good and wrong before deciding the morality of enlisting. For morally conscientious individuals, complex realities of armed conflict pose difficult questions with no easy answers. (shrink)
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  16. Bioethical Implications of Vulnerability and Politics for Healthcare in Ethiopia and The Ways Forward.Kirubel Manyazewal Mussie, Bernice Simone Elger, Mirgissa Kaba, Félix Pageau & Isabelle Wienand - 2022 - Journal of Bioethical Inquiry 19 (4):667-681.
    Vulnerability and politics are among the relevant and key topics of discussion in the Ethiopian healthcare context. Attempts by the formal bioethics structure in Ethiopia to deliberate on ethical issues relating to vulnerability and politics in healthcare have been limited, even though the informal analysis of bioethical issues has been present in traditional Ethiopian communities. This is reflected in religion, social values, and local moral underpinnings. Thus, the aim of this paper is to discuss the bioethical implications of vulnerability and (...)
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  17. Targeted Killings: Legal and Ethical Justifications.Tomasz Zuradzki - 2015 - In Marcelo Galuppo (ed.), Human Rights, Rule of Law and the Contemporary Social Challenges in Complex Societies. pp. 2909-2923.
    The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist activity (...)
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  18. Cicero's Philosophy of Just War.Thornton Lockwood - manuscript
    Cicero’s ethical and political writings present a detailed and sophisticated philosophy of just war, namely an account of when armed conflict is morally right or wrong. Several of the philosophical moves or arguments that he makes, such as a critique of “Roman realism” or his incorporation of the ius fetiale—a form of archaic international law—are remarkable similar to those of the contemporary just war philosopher Michael Walzer, even if Walzer is describing inter-state war and Cicero is describing imperial (...)
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  19.  18
    Bring Them Home: Creating Humane & Enforceable POW Parole System.Maciek Zając - manuscript
    Allowing prisoners of war (POW) to be released on parole ceased to be practiced in early XX century, although for centuries it was quite common in European warfare. In this article I argue there are several powerful moral reasons to reinstate POW parole: the well- being of POW and their families, but also a chance to address the previously intractable problem of surrender to aircraft and autonomous weapons. I also argue that there are no good moral reasons not to allow (...)
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  20. Editorial, Cosmopolis. Spirituality, religion and politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  21. CHILDREN OF AFRICA: CHILD SOLDIER AND CHILD LABOUR.Benjamin Ijenu - forthcoming - Augustiniana.
    A child, according to Nigerian law (2019), "is a conceptualized term used for anybody that is 14 years old and below." Anshana Arora (2020) found that Africa’s child population will reach 1 billion by 2055, making it the largest child population among all continents. Yet, according to a recent report by UNICEF (2020), between 2005 and 2020, more than 93,000 children were verified as "child soldiers," used in different armed conflicts in Africa. Other cases document girls being treated as (...)
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  22. From Moral Responsibility to Legal Responsibility in the Conduct of War.Lavinia Andreea Bejan - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):347–362.
    Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field (...)
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  23. The strong arm of the law: a unified account of necessary and contingent laws of nature.Salim Hirèche, Niels Linnemann, Robert Michels & Lisa Vogt - 2021 - Synthese 199 (3-4):10211-10252.
    A common feature of all standard theories of the laws of nature is that they are "absolutist": They take laws to be either all metaphysically necessary or all contingent. Science, however, gives us reason to think that there are laws of both kinds, suggesting that standard theories should make way for "non-absolutist" alternatives: theories which accommodate laws of both modal statuses. In this paper, we set out three explanatory challenges for any candidate non-absolutist theory and discuss (...)
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  24. Weaponizing Culture: A Limited Defense of the Destruction of Cultural Heritage in War.Duncan MacIntosh - 2022 - In Claire Oakes Finkelstein, Derek Gillman & Frederik Rosén (eds.), The Preservation of Art and Culture in Times of War. Oxford: Oxford University Press. pp. 97-128.
    It is widely thought that stealing, trading and destroying cultural artifacts in time of war are inherently immoral actions, and that it is right that they be treated as war crimes, which, indeed, they currently are. But oppressive cultures have their heritage and cultural artifacts too, in the form of monuments, sites of worship, and so on; and for the oppressed, these things may be awful reminders of their subordination, and may even perpetuate it. This chapter suggests that, since cultural (...)
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  25. The Automation of Authority: Discrepancies with Jus Ad Bellum Principles.Donovan Phillips - 2021 - In Jai Galliott, Duncan MacIntosh & Jens David Ohlin (eds.), Lethal Autonomous Weapons: Re-Examining the Law and Ethics of Robotic Warfare. New York: Oxford University Press. pp. 159-172.
    This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, (...)
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  26. Origins of Armed Separatism in Southern Senegal.Krzysztof Trzcinski - 2005 - Africana Bulletin 53:169-208.
    In the history of statehood, separatism is a natural phenomenon rather than something unusual. Separatism is mostly perceived as a group’s seeking to separate one part of the territory of a given country from the rest in order to create a new state organism (secessionism) or to unify within one country lands inhabited by people that form a single ethnocultural community (irredentism). Sometimes the idea of separatism serves as a negotiating strategy for a regional group to get from the state (...)
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  27. Military Intervention in Interstate Armed Conflicts.Cécile Fabre - 2023 - Social Philosophy and Policy 40 (2):431-454.
    Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in (...)
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  28. Legitimidad y Reconocimiento en el Postconflicto.Caso Colombia 2015.Ubaldina U. D. R. Díaz Romero - 2015 - Dissertation, Universidad Santo Tomás .Colombia
    Abstract: Colombia's armed conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time.
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  29. Human rights in women victims of sexual violence in the armed conflict: A systematic review.Nubia Hernández-Flórez, José Darío Argüello-Rueda, Alvaro Lhoeste-Charris, Isneila Martinez-Gómez, Andrea Liliana Ortíz-González, Maria José Orozco-Santander & Victoria Eugenia González Martelo - 2022 - Ciencia Latina 6 (6):2761-2796..
    The purpose of this article was focused on analyzing the adjacent factors related to human rights in women victims of sexual violence in the context of the armed conflict. The quantitative method of descriptive approach was selected under the systematic review technique using the PRISMA guide. As a result, it was obtained that women continue to be instrumentalized in wars, their physical and psychosocial vulnerability persisting in all spheres of life; This being a phenomenon that continues to growglobally (...)
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  30. Equality of Arms in the Digital Age.Bashar H. Malkawi, Haitham Haloush & Basem Melhem - 2008 - Macquarie Journal of Business Law 5:73-85.
    Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise (...)
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  31. Intuitions and Assumptions in the Debate over Laws of Nature.Walter Ott & Lydia Patton - 2018 - In Walter R. Ott & Lydia Patton (eds.), Laws of Nature. Oxford, UK: Oxford University Press. pp. 1-17.
    The conception of a ‘law of nature’ is a human product. It was created to play a role in natural philosophy, in the Cartesian tradition. In light of this, philosophers and scientists must sort out what they mean by a law of nature before evaluating rival theories and approaches. If one’s conception of the laws of nature is yoked to metaphysical notions of truth and explanation, that connection must be made explicit and defended. If, on the other hand, one’s (...)
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  32. The Morality of Substitution Intervention: The Case of Yemen.James Christensen - forthcoming - POLITICS.
    Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...)
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  33. RECONOCIMIENTO Y LEGITIMIDAD EN EL POSTCONFLICTO: caso Colombia 2015.Diaz Romero Ubaldina - 2015 - Dissertation, Universidad Nal de Colombia
    El conflicto armado colombiano, uno de los más largos del mundo, requiere un enfoque especial para estrategias de justicia transicional. Las prácticas institucionalizan costumbres. Enfocarlo desde una perspectiva que, junto a las acciones legislativas y judiciales, dé el lugar a acciones político-educativas y ético-culturales, es clave. Reconocimiento y Legitimidad son complementarias. Con Carlos S. Nino, vemos el Derecho como acción colectiva en el tiempo. Palabras clave: Legitimidad – Ciudadanía – Compromiso – Reconocimiento –Postconflicto - Justicia transicional. Abstract: Colombia's armed (...)
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  34. THE POSTULATE OF THE HISTORICAL LAW THEORY AND CONFLICT OF LAWS: AN ARTICULATION OF AFRICAN (UKELE) COMMUNAL LEGALISM.Celsus Paul E. Ekweme - 2020 - Journal of Rare Ideas 1 (1).
    This essay is titled "Critique the Postulation of the Historical Law Theory and relate it to African Law. The postulation of the historical law school that law emanates from customs through an ordered pattern of systematized progress into a codified system in relation to African law forms the crust of this essay. To achieve this task, this essay adopts a critical method in exposing c postulation of the historical law school and the African Law (keeping in mind the Ukelle communal (...)
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  35. On Laws of History, and Other Faustian Fictions: A Fictionalist Interpretation of Spengler's The Decline of the West.Gregory Morgan Swer - 2023 - Philosophical Journal of Conflict and Violence 7 (1):116-139.
    Most interpretations of Oswald Spengler’s _The Decline of the West_ offer a relativist or positivist reading of his philosophy of history, with the latter being the most common. This paper argues that any positivist account of Spengler’s philosophy of history is untenable, and that only a relativist interpretation is plausible. It differs from standard arguments for the relativist interpretation by arguing that Spengler’s philosophy be understood as a form of fictionalism. However, rather than dismissing the positivistic elements of his philosophy (...)
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  36. Wolff on duties of esteem in the law of peoples.Andreas Blank - 2021 - European Journal of Philosophy 29 (2):475-486.
    The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, (...)
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  37. Education, Conflict and Harmony in Book 1 of Plato's Laws.Diego Garcia Rincon - 2021 - Journal of Ancient Philosophy 2 (15):29-52.
    Book 1 of Plato’s Laws, and particularly the image of the puppet introduced near its end, has been traditionally interpreted as presenting the moral psychology model that underlies the educational system delineated by the Athenian Stranger, which construes virtue as consonance between the non–rational and the rational elements of the soul. But a different and competing conception of virtue looms large in Laws 1, virtue as victory of the best part of the soul in psychic conflict. This (...)
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  38. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...)
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  39. Arming the Outlaws: On the moral limits of the arms trade.James Christensen - forthcoming - Political Studies.
    There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...)
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  40.  16
    From conflicts law to transformative law: facing ‘fragmented globalisation’.Poul F. Kjaer - 2024 - European Law Open 3.
    How does ‘Europe’ cope with its dark past and how does it handle its internal conflicts and contradictions? This is the question at the heart of Christian Joerges’ 600-page opus magnum Conflict and Transformation. Essays on European Law and Policy where he advances his reconceptualization of EU law as a particular form of conflicts law as his answer. But the problem constellation the EU is faced with in today’s world is well-beyond what can be encapsulated by a conflicts law (...)
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  41. A Case for Global Democracy? Arms Exports and Conflicting Goals in Democracy Promotion.Pavel Dufek & Michal Mochťak - 2019 - Journal of International Relations and Development 22 (3):610–639.
    Employing the framework of conflicting goals in democracy promotion as departure point, the paper addresses the issue of arms exports to non-democratic countries as an important research topic which points to a reconsideration of certain fundamental conceptual and normative commitments underpinning democracy promotion. Empirically, we remind of the lingering hypocrisy of Western arms exporters, knowing that exports to non-democratic countries often hinder or block democratisation. This is not easily circumvented, because of the many conflicting objectives both internal and external to (...)
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  42. Legal Ethics — Attorney Conflicts of Interest — The Effect of Screening Procedures and the Appearance of Impropriety Standard on the Vicarious Disqualification of a Law Firm.Luke William Hunt - 2002 - Tennessee Law Review 70 (1).
    This paper analyzes ethical issues relating to lawyer mobility.
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  43. The authority of the German religious constitution: public law, philosophy, and democracy.Ian Hunter - unknown
    The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...)
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  44. Law necessitarianism and the importance of being intuitive.Daniel Z. Korman - 2005 - Philosophical Quarterly 55 (221):649–657.
    The counterintuitive implications of law necessitarianism pose a far more serious threat than its proponents recognize. Law necessitarians are committed to scientific essentialism, the thesis that there are metaphysically necessary truths which can be known only a posteriori. The most frequently cited arguments for this position rely on modal intuitions. Rejection of intuition thus threatens to undermine it. I consider ways in which law necessitarians might try to defend scientific essentialism without invoking intuition. I then consider ways in which law (...)
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  45. (1 other version)Freedom and conflict-confrontation of desires as background of the idea of freedom in Machiavelli.Jose Luiz Ames - 2009 - Kriterion: Journal of Philosophy 50 (119):179-196.
    The article works out the thesis that to the excessive desire of the powerful for the absolute appropriation/domination it is opposed a not less excessive and absolute desire from people in order not to be appropriated/dominated: two desires of a distinct nature which are neither the desire for the same things nor the desire for different things, but desires in which the act of desiring is different. Taking into account that each desire aims at its absolute effectiveness, each one of (...)
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  46. Invariance as a basis for necessity and laws.Gila Sher - 2021 - Philosophical Studies 178 (12):3945-3974.
    Many philosophers are baffled by necessity. Humeans, in particular, are deeply disturbed by the idea of necessary laws of nature. In this paper I offer a systematic yet down to earth explanation of necessity and laws in terms of invariance. The type of invariance I employ for this purpose generalizes an invariance used in meta-logic. The main idea is that properties and relations in general have certain degrees of invariance, and some properties/relations have a stronger degree of invariance (...)
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  47. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  48. Lockean Essentialism and the Possibility of Miracles.Nathan Rockwood - 2018 - Southern Journal of Philosophy 56 (2):293-310.
    If the laws of nature are metaphysically necessary, then it appears that miracles are metaphysically impossible. Yet Locke accepts both Essentialism, which takes the laws to be metaphysically necessary, and the possibility of miracles. I argue that the apparent conflict here can be resolved if the laws are by themselves insufficient for guaranteeing the outcome of a particular event. This suggests that, on Locke’s view, the laws of nature entail how an object would behave absent (...)
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  49. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    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 (...)
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  50. A Deliberative Approach to Conflicts of Culture.Monique Deveaux - 2003 - Political Theory 31 (6):780-807.
    How should liberal democratic states respond to cultural practices and arrangements that run afoul of liberal norms and laws? This article argues for a reframing of the challenges posed by traditional or nonliberal cultural minorities. The author suggests that viewed from up close, such dilemmas are revealed to be primarily intracultural rather than intercultural conflicts, and reflect the political and practical interests of factions of communities much more than deep moral differences. Using the example of the reform of customary (...)
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