The paper examines the justification of warfare. The main thesis is that war is very difficult to justify, and justification by invoking “justice” is not the way to succeed it. Justification and justness are very different venues: while the first attempts to explain the nature of war and offer possible schemes of resolution, the second aims to endorse a specific type of warfare as correct and hence allowed – which is the crucial part of “just war theory.” However, “just war (...) theory,” somewhat Manichean in its nature, has very deep flaws. Its final result is criminalization of war, which reduces warfare to police action, and finally implies a very strange proviso that one side has a right to win. All that endangers the distinction between ius ad bellum and ius in bello, and destroys the collective character of warfare. Justification of war is actually quite different – it starts from the definition of war as a kind of conflict which cannot be solved peacefully, but for which there is mutual understanding that it cannot remain unresolved. The aim of war is not justice, but peace, i.e. either a new articulation of peace, or a restoration of the status quo ante. Additionally, unlike police actions, the result of war cannot be known or assumed in advance, giving war its main feature: the lack of control over the future. Control over the future, predictability, is a feature of peace. This might imply that war is a consequence of failed peace, or inability to maintain peace. The explanation of this inability forms the justification of war. Justice is always an important part of it, but justification cannot be reduced to it. The logic contained here refers to ius ad bellum, while ius in bello is relative to various parameters of sensitivity prevalent in a particular time, with the purpose to make warfare more humane and less expensive. (shrink)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too quick. (...) First, it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

Recently, I have proposed an extension of the framework of the ethics of collegiality (Berber & Subotić, forthcoming). By incorporating an anti-individual perspective and the notion of epistemic competence, this framework can reveal the epistemic virtue/vice relativism, which, in turn, charts the tension between being a good colleague and an efficient, loyal employee. In this paper, however, I want to sketch how the ethics of collegiality could be applied to practical domains, such as the historical accountability and atonement (...) of corporations that participated in the anti-Semitic policies of the Third Reich and contributed to the Holocaust by using slave or forced labor. New studies suggest that corporations ought to engage in deeper historical reflection and ethical dialogue between Shoah survivors and top managers to address the issue of industrial compliance (Federman 2021), whereas most of the work on this topic traditionally focused on the issue of reparations litigation (Kelly 2016, Neuborne 2003). Through the notions of collective institutional epistemic vice and institutional ethos (Fricker 2021), the upshot is to assess whether it is feasible for corporations to be genuinely repentant regarding their role in the Holocaust thanks to the ethics of collegiality instead of merely offering compensation. I will argue that instead of emphasizing ethical leadership and the top-down approach to the (re-)implementation of values in corporate conduct, the spotlights should be on the bottom-up approach grounded in collegial solidarity among all employees. (shrink)

Utilitarianism has a fairly bad reputation in military ethics, mainly because it is thought to make military expedience override all other concerns. The atomic bombing of Hiroshima and Nagasaki is a famous instance of such a skewed utilitarian calculation that “the rules of war and the rights they are designed to protect” should have stopped (Walzer 1992: 263-8). Most of its critics seem to think that utilitarianism is not bad per se, but prone to be misapplied in a self-serving (...) way. That idea, William H. Shaw argues in his careful and mostly convincing defense of utilitarian thinking about the moral issues that war occasions, is misguided, as are most of the other common objections to utilitarian thinking about the moral issues war raises. (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)

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)

This article articulates a framework for normatively assessing influence operations, undertaken by national security institutions. Section I categorizes the vast field of possible types of influence operations according to the communication’s content, its attribution, the rights of the target audience, the communication’s purpose, and its secondary effects. Section II populates these categories with historical examples and section III evaluates these cases with a moral framework. I argue that deceptive or manipulative communications directed at non-liable audiences are presumptively immoral and illegitimate (...) for liberal states, as are deceptive operations aimed at an unjust end, or even operations aimed at a just end where secondary effects are forecast to be disproportionate to the proximate end. (shrink)

In response to criticism following news of the mistreatment of Iraqis at the US prison in Abu Ghraib, some media personalities and politicians suggested that the treatment of these prisoners ‘‘would have been even worse’’ had former Iraqi President Saddam Hussein still been in power. It was hypothesized that the contemplation of this argument has undesirable consequences because counterfactual thinking can elicit both contrastive and assimilative effects. In the reported study, participants considered how the prisoners at Abu Ghraib would have (...) been worse off under Saddam. The results revealed that generating downward counterfactuals made participants feel better about Abu Ghraib (thereby evidencing contrast), and also lowered ethical standards regarding how the US should treat prisoners of war in the future (thereby evidencing assimilation). (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to which they align with (...) the current practices that they are intended to justify. (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)

While there is a budding literature on media ethics in the light of characteristic sub-Saharan moral values, there is virtually nothing on wartime reporting more specifically. Furthermore, the literature insofar as it has a bearing on wartime reporting suggests that embedded journalism and patriotic journalism are ethically justified during war. In this essay, I sketch a prima facie attractive African moral theory, grounded on a certain interpretation of the value of communal relationship, and bring out what it entails for (...) the ways journalists should report on war. My aims are the normative ones of showing how this Afro-communal ethic can provide a unitary foundation for a wide array of plausible conclusions about reporting on war, and, in particular, can avoid objectionable implications such as support for embedded and patriotic journalism. (shrink)

Sanctions such as those applied by the United Nations against Yugoslavia, or rather the actions of implementing and maintaining them, at the very least implicitly purport to have moral justification. While the rhetoric used to justify sanctions is clearly moralistic, even sanctions themselves, as worded, often include phrases indicating moral implication. On May 30, 1992, United Nation Security Council Resolution 757 imposed a universal, binding blockage on all trade and all scientific, cultural and sports exchanges with Serbia and Montenegro. In (...) addition to expressing the usual "concern' and "dismay" regarding various events, the language of this Resolution also includes, on three occasions, unmistakably moral language "deploring" failures in meeting the demands of earlier resolutions.' There is no question that sanctions have political, economic, military and trategic consequences for the sanctioned state, perhaps exactly as desired by the sanctioning party. However, the question raised in this essay is whether in addition to these consequences, sanctions also produce morally reprehensible consequences that undermine their often-cited moral justification. If so, international economic sanctions are an immoral means of achieving primarily political goals. Six morally significant consequences are: 1) The unethical, elevated susceptibility of the sanctioned to olitical (and other forms of) manipulation, 2) the inherent and unjust paternalism in the process of sanctioning, 3) the abandonment of strict moral criteria on virtually all levels of evaluation, primarily inside the sanctioned country, but also in sanctioning states best exhibited in the attitudes toward the sanctioned, 4) the general decline in moral consciousness, 5) the subsequent rise of many forms of violence within the sanctioned state in connection with the increase in lawlessness, and a general decline of expectations in all areas of life, and 6) the continual, arbitrary redefining of conditions for a final lifting of sanctions. In light of this moral phenomenology we shall argue that sanctions, lacking in moral justification, are simply a means for achieving the mentioned immoral goals. Furthermore, the argument will be that sanctions are a form of siege and, as such, an act of war, requiring the sort of justification that would be needed to justify a war. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, (...) then assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

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 of morals (...) and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

The Walking Dead is a popular TV series depicting a catastrophic and violent world. After a pandemic that turns humans into zombies, we witness the collapse of civilization with all its institutions, the depletion of the resources, and the struggle to build a new world in the middle of the wars between surviving groups. It illustrates a world of literal and metaphorical homo homini lupus. Some people choose sheer survival, and others try to build a moral, civil world. In this (...) article, I propose a reading of this series from a Kantian perspective by employing his interrelated ideas on history, ethics, and politics. I claim that The Walking Dead represents the state of nature and the violence it contains, and illustrates the course of history toward a civil society as defined by Kant. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (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)

If states are permitted to create and maintain a military force, by what means are they permitted to do so? This paper argues that a theory of just recruitment should incorporate a concern for moral risk. Since the military is a morally risky profession for its members, recruitment policies should be evaluated in terms of how they distribute moral risk within a community. We show how common military recruitment practices exacerbate and concentrate moral risk exposure, using the UK as a (...) case study. We argue that the British state wrongs its citizens by subjecting them to excessively morally risky recruitment practices. Since, we argue, this risk exposure cannot be justified by appealing to the benefits of a military career for recruits, our argument calls for reform of existing practices. Our method of evaluation is generalizable and thus can be used to assess other states’ practices. (shrink)

Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry Shue (...) on the morality and laws of war. (shrink)

*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 developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

Mercenaries are the target of moral condemnation far more often than they are subject of moral concern. One attempt at morally condemning mercenaries proceeds by analogy with prostitutes; mercenaries are ?the whores of war?. This analogy is unconvincing as a way of condemning mercenaries. However, careful comparison of mercenarism and prostitution suggests that, like many prostitutes, some mercenaries may be vulnerable individuals. If apt, this comparison imposes a consistency requirement: if one thinks certain prostitutes are appropriate subjects of moral concern (...) in light of their vulnerability, then one must think that mercenaries who are likewise vulnerable are also appropriate subjects of moral concern. In this paper I elucidate the relevant, morally significant sense of ?vulnerability?, and present evidence suggesting that at least some mercenaries are vulnerable in this sense. (shrink)

Evidentialism as its leading proponents describe it has two distinct senses, these being evidentialism as a conceptual analysis of epistemic justification, and as a prescriptive ethics of belief—an account of what one ‘ought to believe’ under different epistemic circumstances. These two senses of evidentialism are related, but in the work of leading evidentialist philosophers, in ways that I think are deeply problematic. Although focusing on Richard Feldman’s ethics of belief, this chapter is critical of evidentialism in both senses. (...) However, I share with authors like Feldman and Earl Conee, that epistemology has important prescriptive functions, and that a sound, civic ethics of belief is of more than merely philosophic importance. One reason why an ethics of belief might be important to problems of practice is the need we have for tools to more effectively mediate the renewed round of ‘culture wars’ we are experiencing in Anglo-American cultures. I mean especially that grand cultural clash between science and religion, reason and faith, secularist atheism and religious fundamentalism, etc. Let us start with the genealogical question of why there is such a grand cultural debate in the first place, and why the debate especially as played out in public and popular forums and even in the courtrooms seems so volatile and so often to confusedly drag everything—beliefs, values, passions, etc., with it. These are questions that I think Sigmund Freud’s classic Civilization and its Discontents can help us understand. Freud was a major voice in criticism of the stern and often hypocritical Victorian morality, a voice pointing out the price of its sometimes high-handed, guiltinducing curtailments of the satisfactions sought by the individual. But for Freud while there are real differences in the moral demands that different societies or traditions place upon people, there is something inevitable about the conflict itself, for “replacement of the power of the individual by the power of a community constitutes the decisive step of civilization... (shrink)

In the author’s view the humanity has its place in the ethics of social consequences : its implementation leads directly to positive social consequences, i.e. the main evaluation criteria in this conception. However, in applying the principle of humanity one has to see humanity as the protection of sustainable life according to the degree, to which an individual human life meets at least minimal qualitative standards of human life. The resulting idea is that a person living only on the (...) biological level should be let die. This is not an expression of non-humanity, as it is not in case of helping a dying person with fatal diagnosis in his ever increasing suffering. As the problem of war is concerned, according to the author no war is human, as it always brings about dying of innocent people. (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)

The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...) are indeed unjust. However, so long as they remain prohibited, I argue that we have strong moral reasons to avoid drug use. First, drug users are partly responsible for the violent and exploitative conditions in which many drugs are produced and distributed. Second, the unequal ways in which drug laws are enforced make drug use by many an unethical exercise of privilege. These reasons do not depend on the existence of a general moral obligation to obey the law; we ought to refrain from illegal drug use even if prohibition is unjust and even if we have no general obligation to obey the law. In fact, drug laws turn out to represent an interesting exception case within the broader debate about this obligation, and I argue that it is the very injustice of the law that generates the reasons not to violate it. (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)

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 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)

Growing technological advances in intelligent artifacts and bitter experiences of the past have emphasized the need to use and operate ethics in this field. Accordingly, it is vital to discuss the ethical integrity of having intelligent artifacts. Concerning the method of gathering materials, the current study uses library and documentary research followed by attribution style. Moreover, descriptive analysis is employed in order to analyze data. Explaining and criticizing the opposing views in this field and reviewing the related literature, it (...) is concluded that the proof of the ethical integrity of the intelligent artifacts is possible due to the specific features of these artifacts and their own moral system. (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 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)

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 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)

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 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)

Quentin Meillassoux’s ‘Spectral Dilemma offers philosophy an answer to an age old problem, one that Pascal had intimated on in the wager. Is it better to believe in God for life or abstain from belief and declare atheism? The paradox of theism and atheism has separated philosophy for centuries by limiting the possibilities for real thought. For Meillassoux, there is more at stake than just the limitations of thought. Both atheism and theism have exhausted all the conditions of human life. (...) In order to answer this paradox Meillassoux must combine religious insight that the dead must be resurrected with the atheist conviction that God does not exist. (Harman, Quentin Meillassoux, Philosophy in the Making p.87). The aforementioned insight, grounds Meillassoux’s position in what he calls a Divine Ethics. The concept of the Divine carries both atheism and theism to their ultimate consequences to unveil the truth that … “God does not exist, and also that it is quite necessary to believe in God (Harman p.236). The Divine links both assertions in an absolute ethics which Meillassoux calls Divinology. This leads us to our next question what is the Spectral Dilemma? In order to answer this question, we cannot rely solely on what the dilemma is, for it is not, a sufficient account of what Meillassoux is trying to solve. We must proceed to understand the conditions of what Divine Ethics are, and how the Divinology can best represent life for both the living and the dead. What is a spectre? According to Meillassoux it is a dead person who has not been properly mourned (Meillassoux, Spectral Dilemma p.261). This person’s death haunts us. This haunting is the mere fact that we cannot mourn their loss, for as time passes by, our bond with the dead, or dearly departed, proves to be inadequate for our own lives. This haunting leads us to utter despair. The sheer horror of their death is a burden that lays heavy on our backs; and not just our own backs, or our families backs, but for all those people who have crossed their paths in history (Meillassoux p. 262). These terrible deaths are called Essential Spectres and they include all deaths, such as, odious, premature, the death of children, the death of parents; and all of those poor individuals who know that their own destiny will at some point in time, be the same as these poor individuals (Meillassoux p.262). But it is precisely all death in its inconclusive finality that haunts us all, not just natural deaths or even violent grueling death and causalities of war. These essential spectres, are the dead who refuse to Passover, even though they are gone. This concept must seem absurd to any reader to believe in them, but still, Meillassoux makes his point that these essential spectres still cry out to us all, that they still exist with us (Meillassoux p.262). Meillassoux claims that the completion of mourning must occur and Essential Mourning, which is described as an accomplishment of a living relationship with the dead, as opposed to maintaining a morbid bond with those who have survived after their deaths (Meillassoux p.263). According to Meillassoux, essential mourning grants us the possibility, of forming a bond again with the dearly departed (Meillassoux p.263). This bond actively animates their memory into our lives again, but the concept of accomplishment means, that to live again with those essential spectres … “[R]ather than relating to them with the memory of their morbid death” (Meillassoux p.263). In order to fully understand this possibility, we must ask the question does God exist. Is there a merciful spirit, which transcends all of humanity? Is this God working in the world? If so, then why do essential spectres exist? How is it possible that these terrible deaths occur in the world and are allowed by such a God? If this is so, that God allows these deaths to occur then perhaps God is not all powerful? Perhaps this so called transcendent principle is absent in the world (Meillassoux p.263).Meillassoux states that both the religious and atheist options do not allow for essential mourning to take place. Both these positions lead to disappear when confronting death. What is needed is what will follow in the rest of this paper … a Divine Inexistence. We need to assert the existence of a Virtual-God that is both inexistent and possible, but also contingent and unmasterable (Harman p.89). The Divine Inexistence is the main concept of Meillassoux’s Divinology but also the answer to the spectral dilemma, that a new ethics is both possible and needed. This Divine Ethics will both save Essential Spectres and Philosophy. My essential claim is that the actual article ‘Spectral Dilemma’ published in collapse Journal, is insufficient in fully answering the problem of essential spectres. The juxtaposition of atheism and theism is not enough to philosophically explain the significance of the Divine Inexistence. The article is not lengthy enough to explain how ontology, contingent-metaphysics and ethics relate to the fundamental problem. The Divine Inexistence must be fully articulated with the entirety of Meillassoux’s Divinology. I will attempt to fully express the entirety of Meillassoux for my reader, while at the same time, offering a comprehensive answer to the spectral dilemma. -/- . (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)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

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)

In War & Ethics, Nicholas Fotion undertakes three main tasks. The first is critical: to analyze ‘Just War Theory’ (JWT) in the evolving context of modern warfare between nations and non-nation groups, using various case studies to illustrate the strengths and weaknesses of the theory. The second task is modification: to construct a new Just War Theory to incorporate wars between nations (JWT-Regular) and wars between nations and non-nation groups (JWT-Irregular). The third and final task is defensive: to show (...) that Just War Theory in general, and the twin theory in particular, are useful tools in assessing when a war is just. (shrink)

Clausewitz made the intuitively appealing claim that wars tend to “absoluteness,” and that all limitations imposed by law and morality are in theory alien to it. Clausewitz of course knew that there are in practice many limitations to how wars are fought, but he saw them as contingent to what war is. Since then, however, historians such as John Lynn (Battle: A History of Combat and Culture [Westview Press, 2003]), John Keegan (A History of Warfare ([Random House,1993]) and Victor Davis (...) Hanson (The Western Way of War [Oxford University Press, 1989]) have taught us to see things differently: war is a cultural phenomenon, and the limitations that rituals and taboos impose are essential to what war is. With Conspiring with the Enemy, her intelligent and erudite book on cooperation in war, Yvonne Chiu builds on that work by showing the wide variety of forms cooperation in war can take—something that, Chiu claims, we tend to overlook and take for granted at the same time. (shrink)

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 war. But (...) if it is clear that Walzer presents a detailed philosophy of just war, then I argue we should draw the same conclusion for Cicero. The result is a deeper appreciation of the insight and novelty of Cicero’s view of just war. The paper concludes by arguing against the claim that Cicero’s philosophy of just war is derivative from the Stoic philosopher Panaetius, whom Cicero drew upon in the organization of his On Duties. Just as Walzer’s Just and Unjust Wars was written in response to America’s war in Vietnam, Cicero’s just war philosophy was written in response to the wars (both civil and external) of Gaius Caesar. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in a (...) far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (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)

Provides an opinionated overview of some recent debates within the ethics of war.

In my paper, I develop a phenomenological and pragmatist reflection on the fragility of liberal democracy’s moral foundations in times of war. Following Judith Shklar’s conception of the “liberalism of fear”, the legitimacy of the liberal-democratic order is seen as grounded in experiences of suffering caused by political violence. It is also assumed that the liberalism of fear delivers an adequate conception of the normative foundations of the European project. With the help of phenomenologists such as Edmund Husserl, Maurice Merleau-Ponty (...) and Michel Henry, the paper ants to philosophically deepen the liberalism of fear by outlining a theory of “pathic evidence” as a normative foundation and the concept of a common “flesh of the political” as a shared moral sensitivity that sets boundaries to political conflict as well as the political imaginary, excluding what I call the production of “monumental meaning”. It then examines the question which political conditions are needed for this evidence to become a shared, communal criteria of ethical thought, and considers inner and outer challenges to the transmission and reproduction of this evidence in time, drawing especially on John Dewey’s ideas of democratic communication and social intelligence. In the current war, the following problem appears as crucial for the “soul” of European democracies which are confronted with the need to respond to Russia’s attack: How can a political morality grounded in pathic evidence be sustained, once it is challenged by an aggressor who, out of cultural and political reasons, shows a higher level of toleration towards violence? Besides aggression from an external foe, there are also temporal dynamics that further the loss of the inhibiting force of pathic evidence from the inside. As it shall be argued, boredom can be such a factor. The paper concludes by drawing conclusions for the current war in Ukraine. (shrink)

A number of recent and influential accounts of military ethics have argued that there exists a distinctive “role morality” for members of the armed services—a “warrior code.” A “good warrior” is a person who cultivates and exercises the “martial” or “warrior” virtues. By transforming combat into a “desk job” that can be conducted from the safety of the home territory of advanced industrial powers without need for physical strength or martial valour, long-range robotic weapons, such as the “Predator” and (...) “Reaper” drones fielded by the United States, call the relevance of the “martial virtues” into question. This chapter investigates the implications of these developments for conceptions of military virtue and, consequently, for the future of war. (shrink)

Abstract. An early perception of pacifism was known even in Latium, a small area in Ancient Rome. Its meaning, in the language then spoken, arose from the word (ficus) that personifies the very coming into being of harmonious relations between nations (pax). In other words, the term portrays creation of peace on a continuum from complete to moderate resistance to armed conflict while different arguments of abstract, spiritual and scriptural nature defend its core. Pacifism maxim that war is wrong as (...) killing is wrong belongs to the primary theory virtues that the paper will attempt to visualize in sections of absolute, deontological, and consequentialist conviction as well as that of contingent belief and civil rights movements. Another hallmark refers to pacifists’ belief in nonviolence as what only defends the innocent or prevents breaking out the conflict. The theory disapproves armed dispute; it simultaneously means moderate opposition and denial of cruelty in building peace. It is concentrated on overruling war and represents, at the core, a moral attitude calling upon political philosophy to uphold the principled negation of war. Violence nowadays is an inevitable part of life, but insisting that taking up arms is not a part of the solution is what permeates discourses too. -/- Key words: pacifism, absolutist, deontological, consequentialist, contingent. (shrink)

War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the (...) force of law; it provides, above all, a vocabulary to discuss war in moral terms. At the same time, the tradition does have an impact: it forms the basis of humanitarian law and the Geneva Conventions. Just like with laws, it is recognised here that imperfect adherence to these principles does not necessarily diminish their validity. Most proponents of the tradition believe that the principles of just war, even though some date back centuries, are sufficiently general to be applicable to contemporary conflicts, such as the Russo-Ukrainian War. If we apply the norms of the just war tradition to the current situation in Ukraine, we see that Russia is waging an unjust war in an unjust manner. (shrink)