Kant describes a conflict among the different theories of knowledge. A productive conflict whose emergence is the origin of a renewal: it awakens the spirit and it leads it to think critically. Philosophy becomes critique, Kant says, when it is not focused on the doctrines and on their demands, but on the relationship between general rules (the “sense”) that coordinates all the faculties – and their particular expression, that is to say the specific cases. Similarly operates the judge, that, in (...) court, has to invent (ausdenken) the rule capable of corresponding to the single case: a judge that, in order to decide (jus dicere) and utter the decision, tries to compensate the absence of adequate legal rules and often decides without the adapt general rule. The problem of the différend does not concern, thus, anthropology. It concerns language. Exemplary cases provide analoga of the sensitive data and are devices that allow the dialectic between different systems of value by connecting their core meaning, the proper names involved and what Kant defines the Darstellung. Nevertheless, against this background, a change of paradigm becomes necessary – a change that entails the break with hegelian philosophy of law and with a thought built on mediation, that is to say with the kantian Zusammenstimmung. It is not possible, nor desirable, to substitute the battle field with the court and to subordinate the individual interests to the general logic of argumentation, because the synthesis of the different voices might imply totalitarianism and the end of the différend might correspond to the beginning of terror. (shrink)

On Jaina philosophy and the philosophy of Kabir, 15th cent., mystic poet.

In Paul Ricoeur’s hermeneutics, the truth of fiction relates to the search for answers to questions about personal identity and the meaning of life in the world lacking substantial foundations. Ricoeur’s considerations are situated between realism and constructivism. The article dicusses the consequences of the hermeneutical relationship between imaginary worlds and reality for the redefinition of such concepts , as: “truth”, “understanding”, “ethics” and “personal identity”. I attempt to answer the following questions: What is the truth of literary fiction? What (...) is the relationship between literary fiction and reality? What, in the literary fiction, is created and what is discovered? What does self-understanding, related to the imaginary worlds, consist in? What is the role of literary fiction in constituting personal identity? Why is reading an ethical act? What is the role of metaphorical mediation in the process of understanding? (shrink)

The French phenomenologist Michel Henry sees a similarity between the primordial experience of what he calls ‘Life’ and the aesthetic experience occasioned by Wassily Kandinsky’s abstract art. The triple aim of this essay is to explain and assess how Henry interprets Kandinsky’s abstract art and theory; what the consequences of his interpretation mean for the theory of the experience of abstract art; and what doubts and questions emerge from Henry’s interpretations of Kandinsky’s theory and practice. Despite its containing many interesting (...) ideas, Henry’s phenomenological approach is insufficient to describe the aesthetic experience of Kandinsky’s abstract art. For Henry, aesthetic experience is corporeal, primordial, non-intentional, and independent of knowledge and culture.By contrast, I believe that it is possible and more suitable to connect the direct, corporeal, and affective character of the aesthetic experience of abstract art with intentionality and embeddedness in culture and knowledge. (shrink)

While Dicer plays an important antiviral role through the RNAi pathway in plants and invertebrates, its contribution to antiviral immunity in vertebrates and more specifically mammals is more controversial. The apparent limited RNAi activity in mammalian cells has been attributed to the reduced long dsRNA processive activity of mammalian Dicer, as well as a functional incompatibility between the RNAi and IFN pathways. Why Dicer has lost this antiviral activity in the profit of the IFN pathway is still unclear. We propose (...) that the primary direct antiviral activity of Dicer has been functionally replaced by other sensors in the IFN pathway, leading to its specialization toward microRNA maturation. As a result, Dicer can regulate the innate immune response and prevent basal activation of the IFN pathway in mammals. Here, we discuss this hypothesis, highlighting how the adaptation of the helicase domain of mammalian Dicer may be key to this process. (shrink)

In his Questions I, qq. 35-36 Sent. Robert Kilwardby asks whether divine understanding (intelligere) is the same as the divine speaking (dicere), as Anselm says in Monologion, ch. 63, just as for us mental speaking (mentis locutio) is the same as the thinker's examination (inspectio cogitantis) or mental seeing (videre in mente). His answer is that neither for us nor for God is the equation correct, because understanding lacks an essential characteristic of speech, i.e. referentiality, and because speaking is (...) active and understanding passive, which is reflected in the meanings (impositiones) and grammatical functions (modi significandi) of the corresponding expressions. Kilwardby does concede in his discussion of the speech of angels in II Sent. q. 56 that when inner speech does occur, and remains internal, it amounts to thought, though with the additional element of referentiality. I suggest that Kilwardby is unwilling accept Augustine's theory that thought is inner speech, as Anselm does, because it would require him to reject Aristotelian-style philosophical psychology. (shrink)

What is the distinction between understanding and forming a concept? In my view, for Aquinas, intelligere (the act of understanding) and dicere (the forming of a verbum or mental word) are not two different acts, but simply two different aspects of the same act of understanding. In the following, I will explore more in depth what this distinction means for Aquinas. Firstly, I will give a mostly doctrinal or systematic overview of the issue and, secondly, I will support my (...) claims with relevant textual evidence, taken exclusively from Aquinas’ Summa Theologiae. This study, as an appendix, is part of “The Influence of Kant in Transcendental Thomism: Rahner, Lonergan and Von Balthasar” (forthcoming). In my view, Lonergan’s way of distinguishing intelligere and dicere is different from St. Thomas’ way. In the body of my book, I focus on Lonergan’s reasons to distinguish these notions in his own particular way, whereas this study focuses on St. Thomas’ doctrine. It is my hope that the following lines will foster an understanding of St. Thomas’ epistemology and of its application to Trinitarian theology. (shrink)

Dicer is a key player in microRNA (miRNA) and RNA interference (RNAi) pathways, processing miRNA precursors and doublestranded RNA into ~21-nt-long products ultimately triggering sequence-dependent gene silencing. Although processing of substrates in vertebrate cells occurs in the cytoplasm, there is growing evidence suggesting Dicer is also present and functional in the nucleus. To address this possibility, we searched for a nuclear localization signal (NLS) in human Dicer and identified its C-terminal double-stranded RNA binding domain (dsRBD) as harboring NLS activity. We (...) show that the dsRBD-NLS can mediate nuclear import of a reporter protein via interaction with importins β, 7, and 8. In the context of full-length Dicer, the dsRBD-NLS is masked. However, duplication of the dsRBD localizes the full-length protein to the nucleus. Furthermore, deletion of the N-terminal helicase domain results in partial accumulation of Dicer in the nucleus upon leptomycin B treatment, indicating that CRM1 contributes to nuclear export of Dicer. Finally, we demonstrate that human Dicer has the ability to shuttle between the nucleus and the cytoplasm. We conclude that Dicer is a shuttling protein whose steady-state localization is cytoplasmic. (shrink)

In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his more narrow (...) use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)

The United States’ continuing engagements in Iraq and Afghanistan have focused reflection on how best to wage counterinsurgency, recognizing that the blurred lines between combatants and noncombatants that characterize this type of fighting broaden the range of opportunities and obligations counterinsurgents face. While many have looked to jus in bello constraints on the just conduct of war to guide this effort, jus post bellum requirements for the just cessation of conflict provide a better framework in which to discuss how soldiers (...) and marines may effectively and ethically pursue insurgents while simultaneously building host-nation capacity to govern politically, economically, and militarily. This paper demonstrates how jus post bellum obligations provide an important structure within which counterinsurgents may understand the full range of their obligations to the host nation and its population, best pursue insurgents while honoring their commitment to noncombatant immunity, and set the standard for what constitutes the end of the conflict and the appropriate point for military disengagement. (shrink)

The article deals with the newly discussed set of principles that focus on various issues concerning the end of a war and the establishment of peaceful conditions for the society after a war ends. It also reveals some drawbacks of the jus post bellum principles and searches for its possible modifications into a more complex and applicable set of rules that should govern any post-war activities on both sides of the conflict. The aim is to reach its plausibility in a (...) dynamic global society and thus argue that global peace is an attainable goal only when it becomes the goal of the global community. (shrink)

Abstract None of the numerous modern proposals for jus post bellum models has gained wide acceptance. The proposals tend to resemble laundry lists, often enumerated without an obvious and coherent ethical rationale. Recognizing the importance of jus post bellum, this article seeks to move the jus post bellum discourse forward. First, the article constructs a foundation of seven principles for jus post bellum models by modifying and integrating the separate proposals advanced by Bellamy and Evans. Then building on that revised (...) set of foundational principles, this article incorporates selected criteria and research from prior proposals to erect a five-part jus post bellum framework: (1) respect for persons; (2) establish justice; (3) exercise ecological responsibility; (4) engage multinational commitment and support; and (5) maintain progress toward closure. The article concludes by arguing that the proposed jus post bellum model is comprehensive, parsimonious, pragmatic, and has a universally applicable framework analogous to Just War Theory's other two components. (shrink)

The just-war framework neatly distinguishes between jus ad bellum, the criteria that address political leaders’ decisions for waging war, and jus in bello, the criteria that address soldiers’ condu...

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (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)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

This essay offers a case study in jus in bello in the American Revolutionary War by focusing on responses to sexual violence committed against American women by soldiers in the occupying British army and their Loyalist auxiliaries. Two main bodies of sources are juxtaposed in order to explore the contexts and manner in which jus in bello was adjudicated: British courts-martial and American Congressional investigations documenting British and Loyalist breaches of the codes of war. By putting the fragmentary evidence of (...) instances of rape in the context of contemporary legal and sociocultural practices of sexual violence in peacetime, as well as of the British army's disciplinary regime, we can elucidate the horizon of experiences and expectations against which survivors, assailants and prosecutors acted. The British army disciplined some soldiers for sexual offenses that violated military law and the codes of war, and it executed a few of them at a time when even their home society featured very low prosecu.. (shrink)

Jus post bellum is the ‘new’ part of just war theory that deals with questions of post war justice. While many argue for this extension of just war theory, there is no agreement on the content and scope of post war norms. The debate on jus post bellum is often presented as one between so-called ‘minimalists’ and ‘maximalists’. This article analyses these main positions and the supposed differences between them, and argues that this distinction is no longer relevant. There is (...) no clear opposition between the two positions, but there are gradual variations in terms of content and scope of jus post bellum. In order to pinpoint these variations, a broader perspective is taken. The article thus aims to demonstrate that the content and scope of post war norms depends on two factors: the particular situation to which just war theory applies, and the general view on just war theory and international relations that is adopted. These factors explain the general shift towards a maximalist understanding of jus post bellum. (shrink)

With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, (...) I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them. (shrink)

Although foreign workers contribute to the economy and society, their lack of citizenship renders them unequal, vulnerable and exploitable. In this article, I suggest that the citizenship principle of jus domicile can address this aspect of inequality and exploitation experienced by migrant labour. In addition, I argue that the jus domicile principle should be combined with open borders. In making this argument, I draw on a dialectical methodology and a diverse literature on social justice and liberal political theory. The model (...) I am developing is not necessarily for immediate policy implementation but rather presents a vision for a future of free mobility and settlement. (shrink)

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

Critical analysis of development of concept of jus ante bellum.

This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

This paper serves three purposes. First, it examines the theme of jus post bellum (“postwar justice”) as it emerges within a just peacemaking (JP) framework. Second, it defines just political participation as civil society peacebuilding reflected in Catholic social thought (CST). Third, it envisions a place for just political participation within the jus post bellum praxis specifically endorsed by the World Bank report of 2007, titled Civil Society and Peacebuilding: Potential, Limitations and Critical Factors. The paper then attends to the (...) Church and faith-based organizations and their roles in civil society peacebuilding postbellum. In doing so, it clarifies the characteristics of jus post bellum within a JP scheme by (a) distinguishing them from the just war approach, (b) identifying JP-oriented jus post bellum thinkers such as Daniel Philpott and Larry May, and (c) incorporating civil society peacebuilding endorsed by both the World Bank report and CST. (shrink)

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)

Several aspects of our post-9/11 reality challenge the relevance, practicality, and international viability of the two primary trajectories of the Christian tradition on war and peace : the rise of strong religion around the world, the privatization of first-world faith, and an American preference for autonomous reason. This article proposes “faith-based diplomacy” as a constructive middle or third way between what have become dichotomous Christian responses to war and violent conflict, and a response that attends to the challenges of our (...) post-9/11 “signs of the times.” After reviewing recent developments in each trajectory, I suggest that faith-based diplomacy cultivates a series of intentional dispositions and actions that foster peace and seek justice even in the absence of armed conflict. It offers a model of “justice before war” or jus ante bellum that complements the growing edges of both the just war theory and peacemaking by offering several as yet unexplored dispositions and commitments necessary for effective responses to violent conflict. (shrink)

One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus (...) cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole. (shrink)

For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that (...) some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. (shrink)

This presentation discusses why just war theory is in need of just military preparedness (jus ante bellum) as a new category of just war thinking and it articulates six principles of just military preparedness. The paper concludes that the United States fails to satisfy any of these principles and addresses how this bears on the application of jus ad bellum, jus in bello, and jus post bellum norms to possible future American military interventions.

In this article, we focus on the scholarly and policy debate on autonomous weapon systems and particularly on the objections to the use of these weapons which rest on jus ad bellum principles of proportionality and last resort. Both objections rest on the idea that AWS may increase the incidence of war by reducing the costs for going to war or by providing a propagandistic value. We argue that whilst these objections offer pressing concerns in their own right, they suffer (...) from important limitations: they overlook the difficulties of calculating ad bellum proportionality; confuse the concept of proportionality of effects with the precision of weapon systems; disregard the ever-changing nature of war and of its ethical implications; mistake the moral obligation imposed by the principle of last resort with the impact that AWS may have on political decision to resort to war. Our analysis does not entail that AWS are acceptable or justifiable, but it shows that ad bellum principles are not the best set of ethical principles for tackling the ethical problems raised by AWS; and that developing adequate understanding of the transformations that the use of AWS poses to the nature of war itself is a necessary, preliminary requirement to any ethical analysis of the use of these weapons. (shrink)

This article discusses two doctrines of jus ex bello concerning whether and how to end wars. In Section I, I defend the claim that there is a distinct morality of ending wars. Section II rebuts a challenge that the account is too permissive of war. Section III rejects a forward-looking conception of proportionality for jus ex bello. In Section IV, I allow an exception in cases in which the just cause for the war has changed. In Section V, I defend (...) five principles governing how to end a war. (shrink)

Although jus in bello violations create transgressive acts that cause moral injury, the primary consideration in thinking about moral injury should be jus ad bellum. If one is fighting in an ad bellum just war, then transgressive acts can be rationalized in a way that allows for consolation. But for morally sensitive combatants engaged in an ad bellum unjust war, consolation is more difficult since there is no way to justify or rationalize morally problematic deeds committed in defense of an (...) unjust cause. Morally serious combatants should consider the question of jus ad bellum as they struggle to deal with moral injury, along with other values such as obedience and loyalty. Such an inquiry can produce further trauma when the justness of the war is called into question. The paper examines moral injury and justice in war, grounding the discussion in concrete examples: the Second World War, the Vietnam War, and the U.S. war in Iraq. It concludes that in a democracy, ordinary citizens should demonstrate solidarity with combatants suffering moral injury, since those combatants serve in wars—even unjust wars—authorized by us and fought in our names. (shrink)

In this contribution, I defend the standard list of jus ad bellum principles. In The Ethics of War and the Force of Law: A Modern Just War Theory, Uwe Steinhoff endorses only three principles of jus ad bellum (right intention, just cause, and proportionality) and claims that the others are redundant. I argue that, although fundamentally all jus ad bellum principles can be reduced to proportionality, in practice it is vital to retain the main jus ad bellum criteria as separate (...) principles. (shrink)

The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war. Contemporary ecological concerns pose significant challenges to jus in bello. I begin by briefly surveying existing literature on environmental justice during wartime. While these jus in bello environmental issues have been addressed only sparsely by just war theorists, environmental jus ad bellum has rarely been tackled within JWT or the morality (...) of war. In line with the theme of this special issue, I focus my discussion of war and the natural environment primarily on the jus ad bellum level. I set out with the presumption against the use of force, and its possible exceptions. The principal question raised is whether environmental harm can trigger a new justification for war. Beyond just cause, I consider what might be a proportionate response to “environmental aggression,” or negligent harm to nature. The use of force is clearly justified in response to military attacks, against the natural environment or otherwise. Where harm to nature or its inhabitants are not caused by military aggression, just war theory criteria point in favor of responding via measures short of war. Finally, I suggest that responding by means that are not themselves harmful to nature serves to fulfill the further jus ad bellum criterion of “right intention.”. (shrink)

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.