Author : Ryan C. Jenkins
Publisher : Oxford University Press
Page : 257 pages
File Size : 43,71 MB
Release : 2018
Category : Law
ISBN : 0190495650
This volume collects influential and groundbreaking philosophical work on killing in war. A "who's who" of contemporary scholars, this volume serves as a convenient and authoritative collection uniquely suited for university-level teaching and as a reference for ethicists, policymakers, stakeholders, and any student of the morality of war.
Author : Deen K. Chatterjee
Publisher : Cambridge University Press
Page : 271 pages
File Size : 30,14 MB
Release : 2013-04-04
Category : Law
ISBN : 0521765684
The book examines the complex and contested moral and legal issues of preventive warfare.
Author : David B. Kopel
Publisher : Bloomsbury Publishing USA
Page : 518 pages
File Size : 13,45 MB
Release : 2017-02-16
Category : Religion
ISBN :
Shedding new light on a controversial and intriguing issue, this book will reshape the debate on how the Judeo-Christian tradition views the morality of personal and national self-defense. Are self-defense, national warfare, and revolts against tyranny holy duties—or violations of God's will? Pacifists insist these actions are the latter, forbidden by Judeo-Christian morality. This book maintains that the pacifists are wrong. To make his case, the author analyzes the full sweep of Judeo-Christian history from earliest times to the present, combining history, scriptural analysis, and philosophy to describe the changes and continuity of Jewish and Christian doctrine about the use of lethal force. He reveals the shifting patterns of thought in both religions and presents the strongest arguments on both sides of the issue. The book begins with the ancient Hebrews and Genesis and covers Jewish history through the Holocaust and beyond. The analysis then shifts to the story of Christianity from its origins, through the Middle Ages and the Reformation, up the present day. Based on this scrutiny, the author concludes that—contrary to popular belief—the legitimacy of self-defense is strongly supported by Judeo-Christian scripture and commentary, by philosophical analysis, and by the respect for human dignity and human rights on which both Judaism and Christianity are based.
Author : Jonathan Quong
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 47,39 MB
Release : 2020
Category : Philosophy
ISBN : 0198851103
"This book provides an account of the central moral principles that regulate the permissible use of defensive force. Quong argues that we cannot understand the morality of defensive force until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this view the book offers original accounts of liability, proportionality, and necessity. Quong also argues, contra the dominant view in the literature, that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one's own life and interests. The book also provides a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, Quong argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The final chapter provides an extended defense of the means principle, a principle that prohibits harmfully using other persons' bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use"--
Author : Cécile Fabre
Publisher : Mind Association Occasional
Page : 273 pages
File Size : 35,10 MB
Release : 2014-02
Category : Law
ISBN : 0199682836
Most of us take it for granted that wars in defence of one's political community are the quintessential just wars. Indeed, while in recent years philosophers have subjected all of our other assumptions about just war theory to radical revision, this principle has emerged largely unscathed. But what underpins the morality of defensive war? In this book, leading moral and political philosophers both show the profoundly challenging nature of that question, and advance novel answers to it. The first part exposes the deep tension between the individualist foundations of much contemporary philosophy and plausible conclusions about the morality of defensive war. The second part offers an individualist attempt to resolve that tension, while the third seeks to justify defensive war by appeal to more collectivist values.
Author : Yitzhak Benbaji
Publisher :
Page : 230 pages
File Size : 36,70 MB
Release : 2019
Category : Law
ISBN : 0199577196
War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Author : Saba Bazargan
Publisher : Oxford University Press
Page : 305 pages
File Size : 27,52 MB
Release : 2017-01-23
Category : Philosophy
ISBN : 0190614552
Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.
Author : Cécile Fabre
Publisher : OUP Oxford
Page : 256 pages
File Size : 29,1 MB
Release : 2014-02-20
Category : Philosophy
ISBN : 0191022705
Most of us take it for granted that wars in defence of one's political community are the quintessential just wars. Indeed, while in recent years philosophers have subjected all of our other assumptions about just war theory to radical revision, this principle has emerged largely unscathed. But what underpins the morality of defensive war? In this book, leading moral and political philosophers both show the profoundly challenging nature of that question, and advance novel answers to it. The first part exposes the deep tension between the individualist foundations of much contemporary philosophy and plausible conclusions about the morality of defensive war. The second part offers an individualist attempt to resolve that tension, while the third seeks to justify defensive war by appeal to more collectivist values.
Author : David Rodin
Publisher : Clarendon Press
Page : 232 pages
File Size : 47,63 MB
Release : 2002-10-17
Category : Philosophy
ISBN : 0191531545
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
Author : Adil Ahmad Haque
Publisher : Oxford University Press
Page : 305 pages
File Size : 23,82 MB
Release : 2017
Category : Law
ISBN : 0199687390
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
