The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an (...) oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)
I argue that the lives of domestic and enemy civilians should not receive equal weight in our proportionality calculations. Rather, the lives of enemy civilians ought to (...) be “partially discounted” relative to the lives of domestic civilians. We ought to partially discount the lives of enemy civilians for the following reason (or so I argue). When our military wages a just war, we as civilians vest our right to self-defense in our military. This permits our military to weigh our lives more heavily. Before arguing for this view I first explain why recent accounts attempting to show the opposite – that enemy civilians ought to be weighed more heavily – are mistaken. (shrink)
Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in (...) cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently that we will culpably refrain from compensating those victims post bellum, then this makes satisfying the war’s proportionality constraint substantially more difficult at the outset of the war. The lesson here is that failing to take duties of compensation in war seriously constrains our moral permission to protect ourselves. (shrink)
The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they (...) argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)
In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts (...) other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his more narrow use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)
The Second World War and its associated political events of a national and global scale brought new circumstances, which was considerably influenced the development processes of Tehran. (...) During World War II, Iran hoped that Washington would keep Britain and the Soviet Union from seizing control of the country’s oil fields. In 1951 and 1952 Truman worked with Iranian Prime Minister, though unsuccessfully, to regain some of those lost oil rights for Iran. By the late 1950s and President Kennedy’s presidency, he used aid as leverage for social reform. During the early years of 1960s, the Kennedy Administration was urging its allies in the third world to carry out necessary reforms in order to prevent popular discontent and enhance the dominant ideology of ‘modernism’. In 1968, a major piece of legislation, the Urban Development and Renewal Act, enabled the municipality to implement Tehran’s Comprehensive Plan (TCP 1968), which integrated all the elements of a 1960s’ American city such as the separation of functions, highways, suburbs, shopping centers and housing area. The export of these American cities principles can only be understood from the background of the Cold War period, in which the east and west were both competing for cultural colonization of Middle Eastern strategically important cities like Tehran. During this period, the new developments supported by the oil boom of 1970s, were built in different forms to constitute an expanding metropolis. In 1974, the second “International Congress of Architecture” with the theme of “Toward a Quality of Life” held at Persepolis and brought together all leading world architects and planners to review Iran’s progress in its professional response to the challenges posed by increasing oil revenues. This research aims to represent the export of planning as a political means of cultural colonization of the Third World during the cold war period. (shrink)
This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just (...) war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the specific content of these principles, a third question also is explored: How should they be formulated? Moreover, these questions are addressed in the context of a particular issue: the goals of the non-proliferation and the abolition of weapons of mass destruction. (shrink)
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 is left stranded: to reach plausible conclusions, Walzer deployed an implausible conception of our rights to life; McMahan’s more rigorous account of those rights generates untenable conclusions. Absent new developments, it seems that the prospects for grounding the ethics of war in individual rights are poor: any theory of our rights to life that is sufficiently indiscriminate to work in the chaos of war is not discriminating enough to be a plausible theory of our rights to life. Perhaps by rejecting the ideal of the rights-respecting war altogether we might develop an alternative theory of justified warfare, which marries theoretical soundness with conclusions that we can more confidently support. (shrink)
Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or (...) there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political institutions can be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)
May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have (...) class='Hi'>done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)
It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds (...) class='Hi'>for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the harm is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)
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)
Modern analytical just war theory starts with Michael Walzer's defense of key tenets of the laws of war in his Just and Unjust Wars. Walzer advocates (...) class='Hi'>noncombatant immunity, proportionality, and combatant equality: combatants in war must target only combatants; unintentional harms that they inflict on noncombatants must be proportionate to the military objective secured; and combatants who abide by these principles fight permissibly, regardless of their aims. In recent years, the revisionist school of just war theory, led by Jeff McMahan, has radically undermined Walzer's defense of these principles. This essay situates Walzer's and the revisionists’ arguments, before illustrating the disturbing vision of the morality of war that results from revisionist premises. It concludes by showing how broadly Walzerian conclusions can be defended using more reliable foundations. (shrink)
The “right intention” requirement, in the form of a requirement that the agent must have a justified true belief that the mind-independent conditions of the justification (...) class='Hi'>to use force are fulfilled, is not an additional criterion, but one that constrains the interpretation of the other criteria. Without it, the only possible interpretation of the mind-independent criteria is purely objectivist, that is, purely fact-relative. Pure objectivism condemns self-defense and just war theory to irrelevance since it cannot provide proper action guidance: it is impractically demanding. This means that “revisionist” just war theories which base their doctrine of the moral inequality of combatants on the idea that objective justification defeats liability are irrelevant for the real world, where objective justification is virtually inaccessible. Moreover, only the right intention requirement in the form of a knowledge requirement, as opposed to requiring “good intentions” or “acceptable motivations,” can solve this problem. (shrink)
Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper (...) assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, but not exhaustive, survey of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)
In the tradition of just war theory two assumptions have been taken pretty much for granted: first, that there are quite a lot of justified wars, and (...) second, that there is a moral inequality of combatants, that is, that combatants participating in a justified war may kill their enemy combatants participating in an unjustified war but not vice versa. I will argue that the first assumption is wrong and that therefore the second assumption is virtually irrelevant for reality. I will also argue, primarily against Jeff McMahan, that his particular thesis about the moral inequality of “just” and “unjust combatants” is an analytical truth which, however, does hardly apply to anything (there are few if any “unjust combatants” as he defines them). If one takes his thesis less literally, namely in the sense of a thesis about combatants participating in a justified war and combatants participating in an unjustified war, it is correct in principle, but still of little practical relevance even if one disregarded the fact that there are virtually no justified wars. One of the reasons for this is that, contrary to McMahan’s claims, justification does not defeat liability. (shrink)
Political realism remains a powerful theoretical framework for thinking about international relations, including the war on terrorism. For Morgenthau and other realists, foreign policy is a matter (...) of national interest defined in terms of power. Some writers view this tenet as weakening, if not severing, realism's link with morality. I take up the contrary view that morality is embedded in realist thought, as well as the possibility of realism being thinly and thickly moralised depending on the moral psychology of the agents. I argue that a prima facie case can be made within a thinly moralised realism for a relatively weak ally like Bosnia to enter the war on terrorism. An inflationary model of morality, however, explains how the moral horror of genocide in an ally's past may lead to a thickened moralised realism such that allied policy-makers question their country's entry into the war. (shrink)
Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is (...) class='Hi'>morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)
Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from (...) non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)
Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper (...) class='Hi'> builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair competition for prestige. Far from being a romantic and outmoded approach to war, HWT accounts for current conflicts and predicts moral intuitions that JWT either rejects or cannot comfortably accommodate. So although it is not recommended as a replacement for JWT, there is good reason think that a fully mature, realistic, and yet properly normative theory of war ethics will incorporate a variety of insights from HWT. (shrink)
The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose (...) is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war crimes. (shrink)
Ruins are evocative structures, and we value them in different ways for the various things they mean to us. Ruins can be aesthetically appreciated, but they are (...) also valued for their historical importance, what they symbolize to different cultures and communities, and as lucrative objects, i.e., for tourism. However, today an increasing number of ancient ruins have been damaged or completely destroyed by acts of war. In 2001 the Taliban struck a major blow to cultural heritage by blasting the Bamiyan Buddhas out of existence. They were not easy to destroy. This direct targeting of cultural property might change our attitudes toward conservation practices. Francesco Bandarin, the UNESCO assistant director-general for culture, states, “Deliberate destruction has created a new context. At the time, Bamiyan was an exceptional case.” Bandarin’s comments notwithstanding, the destruction of cultural property in times of war is not new. Not only is there relatively settled international law prohibiting the looting of cultural property during times of war, we can find examples of intentional destruction of cultural property from thousands of years ago. In this paper I would like to focus on one particular case, that of the Mỹ Sơn Archaeological Sanctuary, in the Socialist Republic of Việt Nam. Mỹ Sơn is the foremost Champa archaeological site and the largest archaeological site in Việt Nam. The largest temple (kalan) at Mỹ Sơn, A1, was destroyed in a US bombing raid in 1969. In this paper I highlight different approaches to architectural cultural heritage preservation in terms of reconstruction, restoration, and ruination -- with an eye to applying these approaches to the remains of the A1 temple in Mỹ Sơn. I briefly discuss the history of Mỹ Sơn before providing some reasons to believe that we should allow A1 to ruinate. (shrink)
This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively (...) or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and contradicting moral problems that confront modern soldiers and their officers. I argue that although traditional positions such as invincible ignorance provide a rather dangerous ‘head-in-the-sand’ mentality, soldiers serving a democratic government are nonetheless very limited in their legal and moral ability to interpret what is a justifiable war. However, a very few select senior officers are in positions to make such legal and moral decisions concerning jus ad bellum. (shrink)
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 (...) class='Hi'>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 as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)
Practically all modern definitions of war rule out that individuals can wage war. They conceive of war as a certain kind of conflict between groups. In fact, (...) many definitions even restrict the term “war” to sustained armed conflicts between states. Instead of taking such definitions as points of departure, the article starts from scratch. I first explain what an explication of the concept of “war” should achieve. I then introduce the fundamental, and frequently overlooked, distinction between war as an historical event and war as an action. It is war as action—which, unlike events, can be right or wrong—that I explicate. Testing our linguistic intuitions with different examples of conflict I isolate several criteria that a war proper has to fulfill and try to demonstrate that not only collectives but individuals, too, can wage war. In conclusion I examine alternative definitions of war and show that in comparison to them mine fares rather well. (shrink)
Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have (...) witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)
I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in (...) some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)
Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and (...) class='Hi'>their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)
Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone (...) class='Hi'> turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)
In combating international terrorism, it is important to observe some basic principles, such as that international law must be complied with, care should be taken that one (...) does not proceed in such a way that future terrorists are recruited, and one does not oneself become a terrorist. Unfortunately, the war on terrorism. (shrink)
This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned (...) with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)
ABSTRACTThe aim of this paper is to draw attention to an issue which has been largely overlooked in contemporary just war theory – namely the impact that the (...) class='Hi'> conditions under which an army is assembled are liable to have on the judgments that are made with respect to traditional principles of jus ad bellum and jus in bello. I argue that the way in which an army is assembled can significantly alter judgments regarding the justice of a war. In doing so, I present and defend a principle of ‘just assembly’ and argue that satisfying this principle is an essential part of any deliberation regarding the justice of a particular conflict. (shrink)
I argue that, according to Just War Theory, those who work as administrative personnel in the private military industry can be permissibly harmed while at work by (...) enemy combatants. That is, for better or worse, a Just War theorist should consider all those who work as administrative personnel in the private military industry either: (i) individuals who may be permissibly restrained with lethal force while at work, or (ii) individuals who may be harmed by permissible attacks against their workplace. In doing so, I also provide some critical analysis of the relevant Just War concepts. (shrink)
Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with (...) class='Hi'>systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, there being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)
The destruction wrought by even just wars lends undeniable appeal to radical pacifism, according to which all wars are unjust. Yet radical pacifism is fundamentally flawed. In (...) the past decade, a moderate and more defensible form of pacifism has emerged. According to what has been called ‘contingent pacifism’, it is very unlikely that it is morally permissible to wage any given war. This chapter develops the doctrine of contingent pacifism by distinguishing and developing various versions of it, and by assessing the merits and drawbacks of each. According to ‘proportionality-based’ contingent pacifism, almost all wars with just causes are unjust ‘tout court’ because the in bello harms such wars impose on the innocent are too great relative to the relevant evils averted by achieving the war’s aims. After arguing against this view, the chapter introduces a novel, more defensible form of contingent pacifism, called ‘epistemic-based’ contingent pacifism, according to which the prevalence of mistaken judgements regarding the justness of wars, combined with the devastating harmfulness of unjust wars, requires imposing prohibitions against waging war, where the strength of the prohibition varies according to whether the government has a history of mistakes or deception regarding the justness of wars. (shrink)
Troubled times often gives rise to great art that reflects those troubles. So too with political theory. The greatest work of twentieth century political theory, John Rawls' (...) class='Hi'>s A theory of justice, was inspired in various respects by extreme social and economic inequality, racialized slavery and racial segregation in the United States. Arguably the most influential work of political theory since Rawls—Michael Walzer's Just and unjust wars—a sustained and historically informed reflection on the morality of interstate armed conflict—was written in the midst of the Vietnam War. It should be no surprise, then, that the bellicose period of the past 20 years should give rise to a robust new literature in political theory on the morality of armed conflict. It has been of uneven quality, and to some extent episodic, responding to particular challenges—the increased prevalence of asymmetric warfare and the permissibility of preventive or preemptive war—that have arisen as a result of specific events. In the past decade, however, a group of philosophers has begun to pose more fundamental questions about the reigning theory of the morality of armed conflict warfare—just war theory—as formulated by Walzer and others. Jeff McMahan's concise, inventive and tightly argued work Killing in war is without doubt the most important of these challenges to the reigning theory of the just war. This review article discusses McMahan's work, some of the critical attention it has received, and its potential implications for practice. (shrink)
In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject (...) them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad international legal principle, but also a bad principle of global justice. (shrink)
I argue that, if drones make waging war easier, the reason why they do so may not be the one commonly assumed within the philosophical debate – namely (...) class='Hi'> the promised reduction in casualties on either side – but a more complicated one which has little to do with concern for one’s own soldiers or, for that matter, the enemy; and a lot more to do with the political intricacies of international relations and domestic politics; I use the example of the Obama Administration’s drone policies to illustrate this argument. My point is meant to have wider methodological significance: philosophy can make an important contribution to this and related applied debates; but it is not by artificially – and optimistically – simplifying realities on the ground that philosophers can be of help. (shrink)
This article asks whether a country that suffers from serious environmental problems caused by another country could have a just cause for a defensive war? Danish philosopher (...) Kasper Lippert-Rasmussen has argued that under certain conditions extreme poverty may give a just cause for a country to defensive war, if that poverty is caused by other countries. This raises the question whether the victims of environmental damages could also have a similar right to self-defense. Although the article concerns justice of war, we will concentrate only on the issue of what can be just causes of war, instead of evaluating the entire justification of war. This is to say that we will limit our discussion to the question concerning just cause and leave aside more general questions concerning justness and moral permissibility of war. Our aim is to list the questions that must be made and settled if defensive war in the case of serious environmental problems is said to have (or not to have) a just cause. We will argue that there are three questions that are most important in this context. They are the question concerning liability, the question of collective responsibility, and the question whether environmental harms may create a “sufficient reason” for raising a war. (shrink)
This paper is concerned with Leibniz’s Egypt Plan, written in 1671 and 1672, when Leibniz was in the service of the Elector of Mainz. One of (...) class='Hi'>the aims of this paper is to offer a more balanced and plausible reading of the religious benefits of war that Leibniz outlines in his Egypt plan. (shrink)
The so called ′non-culpable ignorance′ is an instrument to justify participating in a war on a defeated side, on condition that fighters sincerely believe that they (...) class='Hi'>are defending a just cause and had some valid reasons to believe in having a chance to win. Within the just war theory this instrument is needed to make both sides prima facie right, otherwise the theory would imply that those who lose are guilty in advance, especially if they are the weaker side. However, in contemporary context of criminalizing war the very concept of war is changing and becoming extremely vague. As wars are more and more ′asymmetric′, just war theory might face serious challenges regarding incorporation of ′non-culpable ignorance′ within its scope, as well as difficulties in showing that justice goes with the victory, opening thus the issues of articulation of a just peace. (shrink)
In this chapter I argue that Machiavelli does not hold that all deception is permissible in war. While Machiavelli claims that "deceit... in the conduct of (...) class='Hi'>war is laudable and honorable," he insists that such deceit, or ruses of war, is not to be confounded with perfidy. Any Lee's U.S. Civil War film, "Ride With the Devil," illustrates this difference. The film also illustrates the difference between lying as part of romance, which is permitted, and lying at the moment of truth in a relationship, when admitting one's feelings, which is not. (shrink)
This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this (...) class='Hi'>space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it argues that the POW camp was a space of indifference that was determined by the legal exclusion of prisoners from both war and persecution. Held behind the stage of world events, prisoners were neither able to exercise their legal agency nor released from law into a realm of extra-legal violence. Through a close reading of Levinas’s early concept of the ‘there is’ [il y a], the article seeks to establish the impact on prisoners of prolonged confinement in such a space. It sets out how prisoners’ subjectivity dissolved in the absence of meaningful relations with others and identifies the POW camp as a space in which existence was reduced to indeterminate, impersonal being. (shrink)
Clive Bell was not an ethicist. He was an aesthetician, known for his very strong formalist views, according to which art has nothing to do with ethics (...) and politics. At least that is the textbook description of his general stance. ‘Art and war’ is a relatively unknown piece by him that has been ignored within art history partly because the relation between art on the one hand and ethics and politics on the other is much more complex here. (shrink)
The Philosopher Queen: Feminist Essays on War, Love, and Knowledge. By Chris Cuomo. Lanham, Md.: Rowman and Littlefield Publishers, Inc., 2003. The Philosopher Queen is a powerful (...) illustration of what Cherríe Moraga calls a "theory in the flesh." That is, theorizing from a place where "physical realities of our lives—our skin color, the land or concrete we grow up on, our sexual longings—all fuse to create a politic [and, I would add, an ethics, spirituality, and epistemology] born out of necessity" (Moraga 21). Cuomo's theory in the flesh combines standard philosophical essays with personal narratives and invites us to do philosophy from this joyful and witty place. Readers are invited to reframe and reexamine war, science, gender, sexuality, race, ecology, knowledge, and politics in a voice that is fearless, funny, faithful, and feminist—one that disrupts common understandings of how philosophy ought to be done. Instead philosophy should help us to "negotiate a wild, wicked world, and to provide some understanding of being and existence. The best philosophy aims to promote good and to produce knowledge, and therefore enable flourishing" (xi). Accepted philosophical approaches alone are inadequate. Life's challenges resist formulaic solutions. Knowledge is not always produced through neat deductions: truths are partial, power divides, stomachs growl, hearts are broken, and emotions influence... (shrink)
This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a (...) strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)
Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a (...) class='Hi'>grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)
This is a expository and critical review of Arthur Schlesinger, Jr. 's last book, War and the American Presidency. The book collects and focuses recent writings of (...) Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide attention, both because of the contemporary need to deal with the extended war in Iraq and because Americans, in particular, need to attend to their own history, if we are to avoid past mistakes and make the best use of our ongoing political traditions and institutions. In order to know better where we might go in the future, we need an adequate picture of where we have been in the past. Schlesinger invites us to debate the war, the Presidency, and their relation to the American past. (shrink)
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