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)

Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the (...) in bello rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.

According to the principle of epistemic closure, knowledge is closed under known implication. The principle is intuitive but it is problematic in some cases. Suppose you know you have hands and you know that ‘I have hands’ implies ‘I am not a brain-in-a-vat’. Does it follow that you know you are not a brain-in-a-vat? It seems not; it should not be so easy to refute skepticism. In this and similar cases, we are confronted with a puzzle: epistemic closure is an (...) intuitive principle, but at times, it does not seem that we know by implication. In response to this puzzle, the literature has been mostly polarized between those who are willing to do away with epistemic closure and those who think we cannot live without it. But there is a third way. Here I formulate a restricted version of the principle of epistemic closure. In the standard version, the principle can range over any proposition; in the restricted version, it can only range over those propositions that are within the limits of a given epistemic inquiry and that do not constitute the underlying assumptions of the inquiry. If we adopt the restricted version, I argue, we can preserve the advantages associated with closure, while at the same time avoiding the puzzle I’ve described. My discussion also yields an insight into the nature of knowledge. I argue that knowledge is best understood as a topic-restricted notion, and that such a conception is a natural one given our limited cognitive resources. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties in modeling key (...) features of this argument. (shrink)

Epistemic closure under known implication is the principle that knowledge of "p" and knowledge of "p implies q", together, imply knowledge of "q". This principle is intuitive, yet several putative counterexamples have been formulated against it. This paper addresses the question, why is epistemic closure both intuitive and prone to counterexamples? In particular, the paper examines whether probability theory can offer an answer to this question based on four strategies. The first probability-based strategy rests on the accumulation of risks. The (...) problem with this strategy is that risk accumulation cannot accommodate certain counterexamples to epistemic closure. The second strategy is based on the idea of evidential support, that is, a piece of evidence supports a proposition whenever it increases the probability of the proposition. This strategy makes progress and can accommodate certain putative counterexamples to closure. However, this strategy also gives rise to a number of counterintuitive results. Finally, there are two broadly probabilistic strategies, one based on the idea of resilient probability and the other on the idea of assumptions that are taken for granted. These strategies are promising but are prone to some of the shortcomings of the second strategy. All in all, I conclude that each strategy fails. Probability theory, then, is unlikely to offer the account we need. (shrink)

People often reason about omissions. One line of research shows that people can distinguish between the semantics of omissive causes and omissive enabling conditions: for instance, not flunking out of college enabled you (but didn’t cause you) to graduate. Another line of work shows that people rely on the normative status of omissive events in inferring their causal role: if the outcome came about because the omission violated some norm, reasoners are more likely to select that omission as a cause. (...) We designed a novel paradigm that tests how norms interact with the semantics of omissive enabling conditions. The paradigm concerns the circuitry of a mechanical device that plays music. Two experiments used the paradigm to stipulate norms and present a distinct set of possibilities to participants. Participants chose which causal verb best described the operations of the machine. The studies revealed that participants’ responses are best predicted by their tendency to consider the semantics of omissive relations. In contrast, norms had little to no effect in participants’ responses. We conclude by marshaling the evidence and considering what role norms may play in people’s understanding of omissions. (shrink)

Intergovernmental relation is an interaction among different levels of government. Intergovernmental relation is often times conflict-ridden, and the extent of the conflict depends on how they are managed by the actor operating at the government levels. This study examines conflict management in intergovernmental relation in Nigeria. The content analysis method would be used. This will be carried out by analyzing data obtained from extant literature on the subject matter. This paper found that intergovernmental conflicts mainly borders on tax jurisdiction and (...) revenue allocation. Other areas of conflict were found to include domination by the centre of other units, as well as, parallel and vertical misunderstanding among units on administrative, legal, social and economic matters. It was suggested that levels of government should introduce such method as discussion, integration, good management of communication in other to attain a peaceful intergovernmental relations regime. (shrink)

The paper is an attempt to analyse the benefits that remote work could bring in the development of the country. It is organized in three parts. In the first part it engages with the concept of public policy, how it is shaped and should be done to make visible problems that need to be addressed. The second part analysis the benefits of teleworking and potential models for city organization and population distribution to support country development. The last part analyses the (...) case of Albania to discover that remote work, demography, and country development are concepts not yet analyzed in connection for exploring the benefits they could bring. The paper concludes that government should invest in developing human resources in the field of digitalization, so that the number of employees who could telework and companies that could use that expertise is increased. In this way, companies and staff do not necessarily need to locate in the capital or big cities but could locate in medium size cities and periphery. This would contribute to the development of currently neglected areas and decrease living expenses in big cities, making thus more affordable the life for the low-income workers. In doing so, not only the living conditions will improve but the gap between centre and periphery will narrow down and lead to a better distribution of economic benefits across country. (shrink)

For decades AI researchers have built agents that are capable of carrying out tasks that require human-level or human-like intelligence. During this time, questions of how these programs compared in kind to humans have surfaced and led to beneficial interdisciplinary discussions, but conceptual progress has been slower than technological progress. Within the past decade, the term agency has taken on new import as intelligent agents have become a noticeable part of our everyday lives. Research on autonomous vehicles and personal assistants (...) has expanded into private industry with new and increasingly capable products surfacing as a matter of routine. This wider use of AI technologies has raised questions about legal and moral agency at the highest levels of government (National Science and Technology Council 2016) and drawn the interest of other academic disciplines and the general public. Within this context, the notion of an intelligent agent in AI is too coarse and in need of refinement. We suggest that the space of AI agents can be subdivided into classes, where each class is defined by an associated degree of control. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

The paper deals with the ways in which Edmund Husserl develops the question of God. Six ways to reach God are shown as present in Husserl’s writings, some of them seem to be very close to the traditional philosophical ways to go as far as God (the objective and the subjective ways) others are very original, in particular the way that starts from the analysis of the hyletic sphere of the human being, a sphere which is present in all the (...) reality too. At last it is possible to notice Husserl’s interest in the mystical approach to God. (shrink)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, (...) [2] punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

Domestic violence is identified across the globe as a menace as it poses a threat to the mental health of its victims, the significant others of the victim and the security of a nation at large. In some cases, the victim of domestic violence is a pregnant woman and harm is caused not only to a woman but her fetus also and this calls for urgent psychological assessment and intervention. Although there is no doubt that psychological tests are effective in (...) the assessment of domestic violence, using the psychometric properties obtained from a different population may produce generate inaccurate findings. This paper therefore attempts the validation study of Women Abuse Screening Tool (WAST) using a sample of 379 pregnant women attending antenatal clinic at the State Specialist Hospital, Osogbo, Osun State, Nigeria. The study derived a Cronbach’s Alpha Reliability of 0.758, p <.05 and a Guttman split-half coefficient of 0.683, p <.05. Furthermore, concurrent validity of Women Abuse Screening Tool (WAST) and Ongoing Abuse Screen (OAS) was established as 0.29, p<.05. The norms of the instrument were given as 2.38 for tolerable level of domestic violence and 5.79 for severe and pathological level of domestic violence. Authors conclude that Women Abuse Screening Tool has acceptable psychometric properties to justify its usage for the assessment of level of domestic violence among pregnant women in Nigeria and other nations with similar socio-cultural backgrounds. (shrink)

Democracy is a government form based on the general consent, is seen to becoming common in global nations; and that if the tenet is followed it facilitates national development. This study used the content analysis method to examine democracy in Nigeria and national development. It was found that some pre-colonial administrations in Nigeria had embraced democratic tenets before the colonials master came; the difference, however, border on structural arrangements. It was found that the version of western democracy has not adapted (...) the Nigeria environment making its practice difficult and also difficult to attain national development. It was also found that the phase Nigeria democracy passed, especially, during the military regimes has not provided opportunities for development. The ethnic diversity of Nigeria and inabilities of leadership to manage it was found to pose legislative influence on democracy and national development. It was found that Nigeria environment lacks the absorptive capacity to accommodate liberal democracy considering the death of institutions and the skewed electoral process. It was found that absence of effective democracy in Nigeria disarticulated the pre-colonial democratic structure, and the exclusivist approach to liberal democracy and the rule of the game, manifest in incessant agitations, militancy, insurgency, banditry, and general underdevelopment. It was also suggested that a change in leadership approach is necessary, more importantly, to allow a breath of democratic participation in policy-making for national development. It was also recommended that all forms of discriminations are addressed and that constitutionalism should be upheld. (shrink)

The management of Higher Education Systems has continued to suffer from plethora of concerns and issues, cardinal amongst them, is the application of conventional administrative strategies and leadership patterns, sometimes without appropriate modifications so much so, that the management effectiveness of higher education systems is gradually being eroded. This is evident in the increasing distasteful gamut of multidimensional outcomes arising from the used of dogmatic and stereotype variants of managerial principles or nothing at all, in the circumstance. Given this premise, (...) there is an urgent desire to rejig and re-engineer learning experiences that will culminate into dynamic, goal oriented and robust management packages for higher education systems with results for global acclamations, thereby, chatting new directions to fill this existing gap in the management of higher education systems in Nigeria. With humility, I introduce to you this book titled: Management of Higher Education Systems, a collection of well-researched essays. The essays in this book promises to deliver on the deliverables of its raison d’tre of job specifications and management dynamics of higher education landscape, reflecting on the global realities. This is because scholarly evidences abound, to proof that looking into the National Universities Commission’s Bench Mark Minimum Academic Standard (BMAS) of the curriculum for Educational Management as a discipline, it is obvious, that the BMAS has fallen short of global expectations and appears to be revolving within neo-colonial conventional administrative theorizing, with little or no emphasis on the practical demonstration of acquired skills, competences and capabilities for trained educational administrators, to deal with peculiarities of the moment, especially in the developing world. This felt need pushes for a paradigm shift in our curricula endeavours. It is even worse off, when experiences have continued to show, that there are deficiencies noticeable in the understanding of job requirements of educational managers of higher education systems in Nigeria. -/- It is this gap therefore, that the current effort is geared towards building this literature which seeks to address this lacuna by re-chiseling and retooling educational management practices through equipping this sophisticated discipline with up-to-date information and knowledge that will enhance the full optimaization of the job specifications, of higher educational managers, to bring into a perfect nexus of the man, job and social milieu. It is also in public domain, that managers of higher educational systems with such limitations are very often left with no option than to resort to on -the- job training by bureaucrats, who are in themselves their acolytes ab-initio and who sometimes take over leadership of the organization, owing to the existing gaps that manifest in the knowledge of educational managers, thereby reducing substantive higher education executive head to a titular head or at best ceremonial heads. -/- This book brings together articles and chapters to be published in these directions by researchers, policy makers and practitioners to re-inform, reeducate and reorient higher educational managers on their job expectations. The volume also offers a rich and relevant literature of the dynamic state of higher education in global perspective. While this publication will be freely available online, the essays in this volume are carefully selected and they will provide a basis for thematic and analytical perspectives on the concerns of management of contemporary higher education systems. -/- The book is divided into twelve thematic sections with each addressing the demands of its Kernel, as it is reflected in Historical development of higher education systems and its organs, Gloabilization of higher education, Internationalization and the labour market, Funding of higher education systems, Proliferations of higher education systems, Corruption in higher education systems and the deterioration of its estate, Internationalization and massification, Politics and leadership in higher educational systems, Academic freedom and access to higher education, Academic planning and affiliation relationship of higher education systems, Conflict management in higher education systems, Research and training in higher education systems and Inclusivity in higher education. -/- Another striking feature of this book is in its efforts at globalizing the curriculum of management of higher education and providing opportunity for scholars with different shades of opinion even on same issues but from different perspectives with the hope that it will guarantee overall effectiveness in the management of higher education systems. I recommemd this book to all with passion for the management of diferentiated higher education systems, and invite you to this intellectual feast prepared so deliciously like a meal for the gods. -/- Finally, let me reflect on what may appears to be an aberration in this context, by appreciating all authors who had found time to respond to this academic calling by their various chapter contributions. This singular act is in itself enough justification as show of interest and further demonstration of your continuous determination to address gaps in Nigerian educational landscape. Similarly, my gratitude is equally extended to all members of my editorial team for their thoughtfulness and very constructive criticisms which have shaped these scholarly presentations thereof. May the Almighty God continue to enrich the contents of your cerebrum most intellectually, for the benefit of man but to His glory. -/- The PDF contains just the preliminary pages of the book. You can order the full copy of the book by contacting the editor-in-chief, Professor John A. Undie, FNAEAP, KSM. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (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 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 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)

*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)

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 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)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to (...) its philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine (...) blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to (...) fight, they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (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)

Rita Floyd’s "The Morality of Security: A Theory of Just Securitization" is an important and insightful book that delineates a theory of just securitization (modified from the jus ad bellum and jus in bello criteria in just war theory) involving three sets of principles governing the just initiation of securitization, just conduct of securitization, and just desecuritization. This book is a much-needed addition to the security studies and just war scholarship. -/- Here, I explore the potential of Floyd’s just (...) securitization theory (JST) to provide insights into the moral justifiability of non-state groups that are not political entities engaging in resistance against forms of structural violence that pose an existential threat to those groups. Using the case study of the Black Lives Matter (BLM) movement and the threat of white supremacy to African Americans as an illustrative example, I argue that structural forms of violence can meet Floyd’s definition of an objective existential threat, justifying the resort to securitization by groups such as BLM. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine (...) blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

It is commonly accepted that recourse to war is justifiable only as a last resort. If a situation can be resolved by less harmful means, then war is unjust. It is also commonly accepted that violent actions in war should be necessary and proportionate. Violent actions in war are unjust if the end towards which those actions are means can be achieved by less harmful means. In this article, I argue that satisfaction of the last resort criterion depends in part (...) upon the likelihood of success of non-violent alternatives to war, and that the actual and potential effectiveness of non-violent resistance means that the last resort criterion of the jus ad bellum and the proportionality criterion of the jus in bello are harder to satisfy than is often presumed. (shrink)

In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in (...) class='Hi'>bello, by encouraging the resort to tactics that either (i) make it more difficult to respect these principles or (ii) directly violate them, by virtue of attacking non-combatants or creating disproportionate numbers of casualties without a clear military goal. (shrink)

Although some claim that the term cyber war is merely metaphorical, there are good reasons to see cyber war as a form of warfare ‐ even if it is not war as we have hitherto known it. This poses the question whether the principles of the Just War Tradition, which claims to offer an alternative for pacifism and realism, apply to this specific kind of war too. This article argues that the jus in bello principles of discrimination and proportionality (...) are applicable, and that actually applying them would limit the harm cyber-attacks currently cause. Most cyber-attacks of recent years wrongly target civilians, and this amounts to a serious breach of these principles. The final part of this article looks at those who actually conduct the cyber-attacks, the cyber soldiers ‐ how do they fit into the military profession, and to what extent can we expect them to uphold the principles of Just War? (shrink)

Michael Walzer argues that except in cases involving genocide or mass slaughter, humanitarian intervention is unjustifiable because “citizens get the government they deserve, or, at least, the government for which they are ‘fit.’”Yet, if people are autonomous and deserve the government that rules over them, then it would seem that they are responsible for the government’s actions, including their nation’s wars of aggression.That line of thought undermines the doctrine of noncombatant immunity, which is perhaps the most important of Walzer’s jus (...) in bello principles. In this way, the concept of self-determination frustrates Walzer’s attempts to keep jus ad bellum and jus in bello considerations separate. (shrink)

War as intense armed conflict between states, governments, societies, or para groups, such as mercenaries, insurgents, etc is not old fashion but continues to be the vibrant and violet of society (ies). Many literatures relating to the war, Just war and just war theories pay attention mainly at the conflicts as a main cause of war but pass by about the cause of conflicts leading to the war. The objective of this paper is thus, to assess sources of conflicts leading (...) to the war, and come up with recommendation to narrow situations provoking conflicts leading to the war. Research approach employed was qualitative to qualify ideas and opinions of scholars, who conducted researches on war, just war and just war theories; books, journals and internet sources dedicated to the cause and consequences of war and sources concerned with the Jus Ad Bellum, Jus in Bello and Jus post Bellum have been reviewed. It was found that ambitions of humans to realize their unlimited natural rights, such as economic rights, political rights and extreme desire to un equitable utilization of such rights cause a war of “all against all”. The study recommends that authority better to avoid or reduce extent of conflict among humans, and humans to learn limit their unlimited natural rights for the sake of peace and security of the business. Key words: war, Just war theories, Jus Ad Bellum, Jus in Bello, Jus post bellum. -/- . (shrink)

Autonomous Weapons Systems (AWS) have not gained a good reputation in the past. This attitude is odd if we look at the discussion of other-usually highly anticipated-AI-technologies, like autonomous vehicles (AVs); whereby even though these machines evoke very similar ethical issues, philosophers' attitudes towards them are constructive. In this article, I try to prove that there is an unjust bias against AWS because almost every argument against them is effective against AVs too. I start with the definition of "AWS." Then, (...) I arrange my arguments by the Just War Theory (JWT), covering jus ad bellum, jus in bello and jus post bellum problems. Meanwhile, I draw attention to similar problems against other AI-technologies outside the JWT framework. Finally, I address an exception, as addressed by Duncan Purves, Ryan Jenkins and Bradley Strawser, who realized the unjustified double standard, and deliberately tried to construct a special argument which rules out only AWS. (shrink)

The present paper argues that the Venezuelan-Chilean philosopher Andrés Bello constitutes an important but heretofore neglected prefiguration of Richard Rorty. I argue for this thesis by articulating first an Inter-American philosophical narrative (based on previous work by Alex Stehn and Carlos Sanchez) that enables me to highlight certain common characteristics in philosophical projects that flourished across the Americas. Having done this, I show that Rorty’s anti-representationalism and anti-foundationalism are prefigured in Bello’s most important philosophical treatise, Filosofía del Entendimiento, (...) to the extent that Bello recognizes the problems posed by the ocular metaphors that are systematically used by Early modern philosophers such as Descartes or Locke, and suggests their elimination and replacement by other metaphors. Finally, I conclude that, if my arguments are correct, the intellectual geography of neo-pragmatism needs to be expanded beyond traditional geographies such as Europe and the US. (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)

Just war scholars are increasingly focusing on the importance of jus post bellum – justice after war – for the legitimacy of military campaigns. Should something akin to jus post bellum standards apply to terrorist campaigns? Assuming that at least some terrorist actors pursue legitimate goals or just causes, do such actors have greater difficulty satisfying the prospect-of-success criterion of Just War Theory than military actors? Further, may the use of the terrorist method as such – state or non-state – (...) jeopardize lasting peace in a way that other violent, for instance military, strategies do not? I will argue that there appears to be little reason to believe that terrorist campaigns are in principle less able to secure or at least contribute to a lasting peace than military campaigns; quite to the contrary. Or, put differently, if terrorism is an unlikely method for securing peace, then war is an even more unlikely one. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

The Theatre for Development idea is essentially aimed at reinstating the function of the theatre as a creative tool for self-expression and articulation and as an empowering process through which people could develop a critical awareness of the environment. Accordingly, the guiding principle of TfD and what sets it apart from conventional western oriented theatre is its ability to liberate voices and engender people‟s participation thus propelling them to act upon their reality. It is this capacity to engender people to (...) action that makes TfD a veritable development tool. Arguably, TfD as a development tool enables participatory communication which is at the heart of development as affirmed by Victor Hugo R. Banda‟s observation that theatre is a “conversation shared with society something that transforms them” (2006). (shrink)

This paper uses Shachar’s conception of jus nexi to explore three interrelated ideas. I first contend that Shachar’s analysis of the monetary value of birthright citizenship may be applied to temporary workers, lawful permanent residents and naturalized citizens as an exposé of inherited privilege in diverse communities and as a means of identifying which forms of membership and belonging are worth owning. Second, I use the idea of jus nexi to question which additional work relationships and identity networks that might (...) qualify as genuine connections to a given state. Finally, I question whether an operationalized version of jus nexi, that is an alternative category of citizenship, would supplant or complement existing jus soli and jus sanguinis rules. Here, I seek to apply Shachar’s theoretical contributions to current political debates and warn that a genuine connection test is increasingly being misused to support a nativist agenda. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, how, (...) if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 41-65, October 2021.

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)