Ethics And The Laws Of War

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Ethics and the Laws of War

Author : Antony Lamb
Publisher : Routledge
Page : 173 pages
File Size : 40,7 Mb
Release : 2013-05-29
Category : History
ISBN : 9781136255427

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Ethics and the Laws of War by Antony Lamb Pdf

This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.

The Oxford Handbook of Ethics of War

Author : Seth Lazar,Helen Frowe
Publisher : Oxford University Press
Page : 496 pages
File Size : 45,6 Mb
Release : 2018-01-12
Category : Philosophy
ISBN : 9780190876616

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The Oxford Handbook of Ethics of War by Seth Lazar,Helen Frowe Pdf

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

The Ethics of War

Author : Richard Sorabji,David Rodin
Publisher : Ashgate Publishing, Ltd.
Page : 270 pages
File Size : 43,9 Mb
Release : 2006
Category : Religion
ISBN : 0754654494

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The Ethics of War by Richard Sorabji,David Rodin Pdf

The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries. Distinguished authors reflect how the Greco-Roman world, Byzantium, the Christian just war tradition, Islam, Judaism, Hinduism and the Geneva Conventions have addressed recurrent ethical issues of war. Cutting edge essays by prominent modern theorists address vital contemporary issues including asymmetric war, preventive war, human rights and humanitarian intervention.

Law and Sentiment in International Politics

Author : David Traven
Publisher : Cambridge University Press
Page : 327 pages
File Size : 49,9 Mb
Release : 2021-07
Category : Law
ISBN : 9781108845007

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Law and Sentiment in International Politics by David Traven Pdf

Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

The Ashgate Research Companion to Military Ethics

Author : James Turner Johnson,Eric D. Patterson
Publisher : Routledge
Page : 472 pages
File Size : 41,7 Mb
Release : 2016-03-23
Category : Technology & Engineering
ISBN : 9781317042617

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The Ashgate Research Companion to Military Ethics by James Turner Johnson,Eric D. Patterson Pdf

This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.

War and Moral Responsibility

Author : Thomas Scanlon,Richard B. Brandt
Publisher : Princeton University Press
Page : 191 pages
File Size : 46,7 Mb
Release : 1974-07-21
Category : Philosophy
ISBN : 9780691019802

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War and Moral Responsibility by Thomas Scanlon,Richard B. Brandt Pdf

This remarkably rich collection of articles focuses on moral questions about war. The essays, originally published in Philosophy & Public Affairs, cover a wide range of topics from several points of view by writers from the fields of political science, philosophy, and law. The discussion of war and moral responsibility falls into three general categories: problems of political and military choice, problems about the relation of an individual to the actions of his government, and more abstract ethical questions as well. The first category includes questions about the ethical and legal aspects of war crimes and the laws of war; about the source of moral restrictions on military methods or goals; and about differences in suitability of conduct which may depend on differences in the nature of the opponent. The second category includes questions about the conditions for responsibility of individual soldiers and civilian officials for war crimes, and about the proper attitude of a government toward potential conscripts who reject its military policies. The third category includes disputes between absolutist, deontological, and utilitarian ethical theories, and deals with questions about the existence of insoluble moral dilemmas.

Just and Unjust Warriors

Author : David Rodin,Henry Shue
Publisher : OUP Oxford
Page : 272 pages
File Size : 50,5 Mb
Release : 2010-08-19
Category : Political Science
ISBN : 9780191615627

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Just and Unjust Warriors by David Rodin,Henry Shue Pdf

Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The Ethics of War

Author : Saba Bazargan,Samuel C. Rickless
Publisher : Oxford University Press
Page : 288 pages
File Size : 51,7 Mb
Release : 2017-01-23
Category : Philosophy
ISBN : 9780190614553

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The Ethics of War by Saba Bazargan,Samuel C. Rickless Pdf

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.

War and Peace in Outer Space

Author : Cassandra Steer,Matthew Hersch
Publisher : Oxford University Press, USA
Page : 335 pages
File Size : 43,6 Mb
Release : 2021-01-11
Category : Law
ISBN : 9780197548684

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War and Peace in Outer Space by Cassandra Steer,Matthew Hersch Pdf

"Historically, strategic restraint was the dominant approach among nations active in outer space, all of whom understood that continued access to and use of space required holding back on threats or activities which might jeopardize the status quo of peace in space. However, recently there has been a discernible shift in international rhetoric towards a more offensive approach to defense in space. The U.S. move towards establishing a "Space Force" has been echoed by similar announcements in France and Japan. India launched an anti-satellite weapon test and announced proudly that it thereby joined the elite group of China, Russia and the U.S., who have all demonstrated this capability in the past. And as technologies in space advance, along with our terrestrial dependence on space-based systems for our peaceful civilian lives and for support of terrestrial warfare, the political stability of this vulnerable environment comes under threat. These factors, combined with a lack of transparency about actual capabilities and intentions on the part of all major players in space, creates a cyclical escalation which has led some commentators to describe this as a return to a Cold War-type arms race, and to the foreseeability of a space-based conflict. Due to many unique characteristics of the space domain, an armed conflict in space would be catastrophic for all players, including neutral States, commercial actors, and international civil society. Due to the specificity of the space domain, specialized expertise must be provided to decision-makers, and interdisciplinary opinions must be sought from a multitude of stakeholders. To that end, this volume provides a wide spectrum of perspectives from experts who have engaged together at a conference hosted by the Center for Ethics in the Rule of Law to discuss these issues. Ethical, legal and policy solutions are offered here by those with experience in the space sector, including academia, legal practitioners, military lawyers and operators, diplomats and policy advisors"--

The Ethics of War and Peace

Author : Paul Christopher
Publisher : Prentice Hall
Page : 304 pages
File Size : 49,6 Mb
Release : 2004
Category : Education
ISBN : STANFORD:36105063692417

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The Ethics of War and Peace by Paul Christopher Pdf

// 9238C-9, 0-13-092383-4, Christopher, Paul, The Ethics of War and Peace: An Introduction to Legal and Moral Issues, 3/E // This classic introduction to the ethics of war and peace explores the legal and moral issues of when and how to use force to achieve political objectives. The just war tradition, the legal position of war, moral issues in war, and professional and humanitarian obligations. Ethicists, military personnel, and political analysts.

The Ethics of War and the Force of Law

Author : Uwe Steinhoff
Publisher : Routledge
Page : 316 pages
File Size : 40,8 Mb
Release : 2020-11-25
Category : Philosophy
ISBN : 9781000260038

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The Ethics of War and the Force of Law by Uwe Steinhoff Pdf

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"— the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.

War by Agreement

Author : Yitzhak Benbaji,Daniel Statman
Publisher : Oxford University Press, USA
Page : 230 pages
File Size : 43,6 Mb
Release : 2019
Category : Philosophy
ISBN : 9780199577194

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War by Agreement by Yitzhak Benbaji,Daniel Statman Pdf

"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"--

The Ethics of War and the Force of Law

Author : Uwe Steinhoff
Publisher : Routledge
Page : 322 pages
File Size : 45,6 Mb
Release : 2020-11-25
Category : Philosophy
ISBN : 9781000260014

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The Ethics of War and the Force of Law by Uwe Steinhoff Pdf

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"— the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.

Routledge Handbook of Ethics and War

Author : Fritz Allhoff,Nicholas G. Evans,Adam Henschke
Publisher : Routledge
Page : 605 pages
File Size : 46,6 Mb
Release : 2013-06-26
Category : Philosophy
ISBN : 9781136260995

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Routledge Handbook of Ethics and War by Fritz Allhoff,Nicholas G. Evans,Adam Henschke Pdf

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.

The Ethics of War and Peace

Author : Helen Frowe
Publisher : Routledge
Page : 291 pages
File Size : 42,6 Mb
Release : 2015-10-16
Category : Philosophy
ISBN : 9781317370604

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The Ethics of War and Peace by Helen Frowe Pdf

The Ethics of War and Peace is a lively introduction to one of the oldest but still most relevant ethical debates. Focusing on the philosophical questions surrounding the ethics of modern war, Helen Frowe presents contemporary just war theory in a stimulating and accessible way. This 2nd edition includes new material on weapons and technology, and humanitarian intervention, in addition to: theories of self-defence and national defence jus ad bellum, jus in bello and jus post bellum the moral status of combatants the principle of non-combatant immunity and the nature of terrorism and the moral status of terrorists. Each chapter uses examples and concludes with a summary, discussion questions and suggestions for further reading to aid student engagement, learning and revision. The glossary has been expanded to cover the full range of relevant terminology. This is the ideal textbook for students of philosophy and politics approaching this important area for the first time.