The just war tradition assumes that civil war is a possible site of justice. It has an uneasy relationship with liberalism, because the latter resists the idea that insurgency and counterinsurgency can be justified in moral terms. The paper suggests that, even if this is true, these two schools of thought are closer to each other than often appears to be the case. In particular, the paper argues that insurgency and counterinsurgency can be justified using the liberal assumptions (...) that nonviolent opposition is the proper non-institutional technique to fight oppressive regimes, and that law enforcement is the appropriate response to unjustified rebellions. Given these assumptions, insurgent warfare is limited to circumstances in which, firstly, nonviolent resistance is no longer a reasonable course of action; and secondly, insurgents have the intention to create the political conditions that are needed to make it a coherent option again.Counter insurgent warfare, in turn, is restrained to those situations in which, first, there is a rebellion or revolution even though the use of nonviolent strategies for conflict and change remains a reasonable choice; and second, police agencies lack the resources that arerequired for managing and suppressing rebel activities. Of course, these requirements should be taken as presumptions, and there may be cases when they do not hold. (shrink)

Book reviewed in this article: Just War Tradition and the Restraint of War: A Moral and Historical Inquiry. By James Turner Johnson.

Healthcare ethics committees, physicians, surgeons, nurses, families, and patients themselves are constantly under pressure to make appropriate medically ethical decisions concerning patient care. Various models for healthcare ethics decisions have been proposed throughout the years, but by and large they are focused on making the initial ethical decision. What follows is a proposed model for healthcare ethics that considers the most appropriate decisions before, during, and after any intervention. The Just War Tradition is a model that is thorough (...) in its exploration of the ethics guiding a nation to either engage in or refuse to engage in combatant actions. In recent years, the Just War Tradition has expanded beyond the simple consideration of going to war or not to include how the war is conducted and what the post-war phase would look like ethically. This paper is an exploration of a healthcare ethics decision making model using the tenets of the Just War Tradition as a framework. It discusses the initial consult level of decision making prior to any medical intervention, then goes further in considering the ongoing ethical paradigm during medical intervention and post intervention. Thus, this proposal is a more holistic approach to healthcare ethics decision making that encourages healthcare ethics committees to consider alternate models and ways of processing so that ultimately what is best for patient, family, staff, and the environment is all taken into consideration. (shrink)

During the spring of 1981, students enrolled in James Childress’ University of Virginia seminar read a great many of the historic and contemporary treatments of just war and pacifist strands in Chr...

In studying the history of the ethics of war, the just war tradition may be interpreted as a historically evolving body of tenets about just war principles. Instead of a single just war theory, there have been many just war theories—for example, those of Augustine, Aquinas, Vitoria, and Grotius—theories that have various commonalities and differences. A comprehensive history of the evolving just war tradition should feature a thorough study of how these just (...) war theories were rethought. For example, in his landmark work Just and Unjust Wars, written during the Cold War, Michael Walzer exclaimed: “Nuclear weapons explode the theory of just war.” 1 In his rethinking of the just war tradition in light of the superpower practice of nuclear deterrence, he contributed his influential conception of supreme emergency exceptions. Now that the Cold War is over, the authors of the articles in this book are primarily concerned with the question of how the just war tradition—which is understood somewhat differently by the different authors—should be rethought today. Echoing Walzer’s exclamation, among the particular post–Cold War questions that can be raised are these: Is just war theory exploded by terrorism? Is it annihilated by genocide? In their various rethinkings of the just war tradition, our authors state their own particular post–Cold War questions, and answer them from their diverse viewpoints... (shrink)

This essay argues that the ambiguities of the just war tradition, sifted through a feminist critique, provides the best framework currently available for translating the ethical entitlement to human dignity into concrete feminist political practices. It offers a gendered critique of war that pursues the just war distinction between legitimate and illegitimate targets of wartime violence and provides a gendered analysis of the peace which the just war tradition obliges us to preserve and pursue.

The international law regulating resort to armed force, still known by the Latin phrase, the jus ad bellum, forms a principal substantive subfield of international law, along with human rights law, international environmental law, and international economic law. Among theologians, philosophers, and political scientists, just war theory is a major topic of study. Nevertheless, only a minority of scholars and practitioners know both jus ad bellum and just war theory well. Lack of knowledge has led to the erroneous (...) view that the two areas are in conflict. This article responds to this misapprehension, explaining the deep compatibility of international law and just war theory. Today's jus ad bellum, especially the peremptory norm against aggression, is not only the law; it also forms the minimum threshold of a just war under just war theory. In other words, for a war to be morally just, it must at least be lawful. To go to war in violation of the jus ad bellum is both a legal and a moral wrong. Compliance not only fulfills the general moral good of obedience to law; it forms the first step toward fulfilling moral obligations in the grave area of war. This characterization of the relationship between law and morality is seen in the history of the legal prohibition on force and in the actual set of rules that make up the contemporary regime. Comprehensive and persuasive accounts of the jus ad bellum and just war theory consistently reflect this thesis. (shrink)

Abstract This introductory article argues that world public order continues to be challenged by the emergence of the doctrines of anticipatory self-defense and humanitarian intervention. These challenges may be better understood, and reconciled, by application of the just war tradition.

During the Middle Ages, the principle of legitimate or right authority constituted a central part of the just war tradition. The question of which actors had the authority to declare war was so cen...

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, (...) and a senior analyst at the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

In this volume, Mark Douglas presents an environmental history of the Christian just war tradition. Focusing on the transition from its late medieval into its early modern form, he explores the role the tradition has played in conditioning modernity and generating modernity's blindness to interactions between 'the natural' and 'the political.' Douglas criticizes problematic myths that have driven conventional narratives about the history of the tradition and suggests a revised approach that better accounts for the evolution (...) of that tradition through time. Along the way, he provides new interpretations of works by Francisco de Vitoria and Hugo Grotius, and, provocatively, the Constitution of the United States of America. Sitting at the intersection of just war thinking, environmental history, and theological ethics, Douglas's book serves as a timely guide for responses to wars in a warming world as they increasingly revolve around the flashpoints of religion, resources, and refugees. (shrink)

Abstract Finding the western just war criterion of reasonable chance of success to be a contribution to ethical decision making about armed conflict requires dealing with a number of critiques. Specifying ?probability? rather than the alternatives ?hope? or ?chance?, and raising standards of evidence involved, makes the term less vague. Expanding the concept of ?success? to include morally defensible aims that can be achieved without military victory enriches the understanding of the moral relationship between ends and means in armed (...) conflict. Asking decision makers to accept moral responsibility for the costs of possible failure is a unique contribution to the just war criteria. The enriched concept of reasonable probability of success thus offers morally significant insights to prewar jus ad bellum decisions, and can benefit ethical decision-making about whether to continue once fighting has begun. (shrink)

The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, (...) and concentrate on ensuring just conduct in armed conflict. Each attempted to distil customary practices, which they saw in some relation to Natural Law, the ultimate source of moral obligation. Customary international law now serves the function of Natural Law in that even if treatises in which it is articulated lapse the customary constraining precepts remain, and are equally obligatory. It is contended that the relationship between just war and just conduct in war during the 20th and 21st centuries has mirrored the three classic positions, and since 9/11, with the advent of new dimensions to warfare in the war against terror, the relationship is in flux. Since 9/11 there has been a growing emphasis on jus ad bellum and a relative silence on the principles of jus in bello. Implicitly, there is an informal acceptance of something like Pufendorf’s position in which outlaw combatants are deemed to place themselves outside of the protection of customary law. (shrink)

_Justice and the Just War Tradition_ articulates a distinctive understanding of the reasons that can justify war, of the reasons that cannot justify war, and of the role that those reasons should play in the motivational and attitudinal lives of the citizens, soldiers, and statesmen who participate in war. Eberle does so by relying on a robust conception of human worth, rights, and justice. He locates this theoretical account squarely in the Just War Tradition. But his account (...) is not merely theoretical: _Justice and the Just War Tradition_ has a variety of practical aims, one of the most important of which is to serve as an aid to moral formation. The hope is that citizens, soldiers, and statesmen whose emotions and aspirations have been shaped by the Just War Tradition will be able to negotiate violent communal conflict in ways that respect the demands of justice. So _Justice and the Just War Tradition_ articulates a theoretically satisfying and practically engaging account of the reasons that count in favor of war. Moreover, Eberle develops that account by engaging contemporary theorists, both philosophical and theological, by according due deference to venerable contributors to the Just War Tradition, and by integrating insights from military memoire, the history of war, and the author's experience of teaching ethics at the United States Naval Academy. (shrink)

In the spirit of this group of articles commemorating the fiftieth anniversary of the Journal of Religious Ethics, dealing with tradition-based reasoning, this article takes up a passage from Deuteronomy 20 that allows the “fearful and faint-hearted” person not to participate in battle, as well as the rabbinic and medieval appropriations of this passage in the Jewish tradition. It argues that this verse gives primacy to affect in a way that complicates standard interpretations of the Jewish tradition (...) on just war and allows us to see the pliability of tradition. Finally, the article argues that scholars assessing the justice of conflicts need to attend to the circulation of affects in a reasoning community, as is currently happening on scholarship on moral injury. (shrink)

Volume 18, Issue 1, April 2019, Page 67-68.

The conventional view of Just War thinking holds that militaries operate under “special” moral rules in war. Conventional Just War thinking establishes a principled approach to such moral exceptionalism in order to prevent arbitrary or capricious uses of military force. It relies on the notion that soldiers are instruments of the state, which is a view that has been critiqued by the Revisionist movement. The Revisionist critique rightly puts greater emphasis on the moral agency of individual soldiers: they (...) are not mere instruments of the state. Although Revisionism has something particularly important to contribute when applied to cases that are short-of-war, where an individual agent’s moral culpability plays a greater role, soldiers fighting wars are not wholly autonomous moral agents. An Institutionalist approach that responds to Revisionist criticisms is a plausible alternative to the conventional Just War account for grounding the moral exceptionalism of war. For the Institutionalist, soldiers are moral agents with state-imposed obligations whose fundamental responsibility is the performance of the proper moral ends of the military institution they serve. If this is true, then soldiers have a moral obligation to be attentive to the moral corruption of the military institution of which they are a part. (shrink)

The debate over whether the just war theory begins with a "presumption against violence" has raged among Christian ethicists for more than thirty years. One camp argues that the theory begins with a presumption against violence that can be overridden in exceptional circumstances. The other camp claims that the just war tradition instead begins with a presumption against injustice. A careful analysis of the debate, however, reveals that the term "presumption against violence" has been used in three (...) different ways, and that clarifying these usages can show the common ground in the debate and move it toward a resolution. (shrink)

Contrary to the received understanding that Francisco de Vitoria and Francisco Suárez ruled out religious war by grounding just cause in natural law, they supported a robust view of papal authority for war when necessary for the defense of the church against heretics, schismatics, and pagans as well as for the spread of Christianity and Christendom throughout the world. They believed that religious wars were in accord with natural law as a means to its fulfillment in Christianity, as a (...) justification for the defense of the church as the one true faith, and as a moral obligation to provide all of humanity with the opportunity to receive Christian truth and grace. The neo‐Thomists' vigorous support for religious war was in the mainstream of the Christian just war tradition from the time of the wars against pagans in the early middle ages through their own time. This finding and the continuation into the modern era of sanctified patriotism stemming from the mixing of church and state especially during war that began in early Middle Ages, along with the historic roots of the recently prominent presumption against war, argue for a more complex understanding of the normative Christian just war tradition than that found among supporters of the classic interpretation of that tradition. (shrink)

This article argues that the traditional jus ad bellum and jus in bello criteria are fully capable of providing the ethical guidance needed to legitimately conduct military cyber operations. The first part examines the criteria’s foundations by focusing on the notion of liability to defensive harm worked out by revisionist just war thinkers. The second part critiques the necessity of alternative frameworks, which its proponents assert are required to at least supplement the traditional just war criteria. Using the (...) latter, the third part evaluates ethical issues germane to responding to cyber force, including casus belli, moral aspects of “the attribution problem,” and respective rights and duties when attacks involve innocent third-party states. The fourth part addresses in bello issues, including compliance with discrimination, necessity, and civilian due care imperatives; whether civilians may be targeted with sub-“use of force” cyber-attacks and the permissibility of using civilian contractors to conduct cyber-attacks. Throughout these analyses, conclusions are brought into conversation with those of The Tallinn Manual on the International Law Applicable to Cyber Warfare. (shrink)

The nature and scope of government surveillance have intensified debates about liberty and security in a post-9/11 world. Critics of the just war tradition argue it is not able to constructively address these new challenges. Defenders often simply re-affirm its various criteria in making retrospective judgments or clarifying principles. By contrast, this article argues that our political moment—marked by the arbitrary exercise of power, the prospect of permanent war, and the rapid speed of global politics—reinforces the need to (...) frame just war thinking within a constructive account of statecraft and practical reasoning. In particular, I highlight moral (rather than simply legal) dimensions of authority and intention which reveal a fundamental question about what we want from the just war tradition in relation to democratic social criticism and the possibility of political morality. (shrink)

This essay argues that Aquinas's position regarding the killing of innocent people differs significantly from other representatives of the Christian just war tradition. While his predecessors, notably Augustine, as well as his successors, from Cajetan and Vitoria onward, affirm the legitimacy of causing the death of innocents in a just war in cases of necessity, Aquinas holds that causing the death of innocents in a foreseeable manner, whether intentionally or indirectly, is never justified. Even an otherwise legitimate (...) act of just war cannot legitimate causing the death of innocent people, as this can never advance the common good. This stance also contrasts sharply with much modern and contemporary double effect theorizing in relation to jus in bello. In this regard, Aquinas's position, shaped decisively by his biblical and theological commitments, may point the way towards an ethical orientation beyond the typical divisions of “pacifism” and “just war.”. (shrink)

A wide-ranging compendium of incisive essays, Responsibility and Restraint: James Turner Johnson and the Just War Tradition promises to be an important contribution to the just war dialogue. Writte...

In lieu of an abstract, here is a brief excerpt of the content:CHARITY LOST: TBE SECtJLA'.RIZATfON OF THE PRINCIPLE OF DOUBLE EFFECT IN THE JUST-WAR TRADITION TIMOTHY M. RENICK Georgia State University Atlanta, Georgia 0 N AUGUST 12, 1945, the city of Hiroshima still smoldered, and President Harry Truman addressed the American people : We have used [the atomic bomb] against those who have attacked us without warning at Pearl Harbor, against those who have starved and beaten and (...) executed American prisoners of war, against those who have abandoned all pretense of obeying international laws of warfare. We have used it in order to shorten the agony of war.1 Truman and his military advisers had made a calculation. Japan was preparing for a last-ditch defense of the Japanese Islands. The prospect was ominous, to say the least. The United States had suffered eighty thousand casualties in the taking of the smaller and less protected Okinawa just two months earlier; 120,000 Japanese soldiers had been killed (and only ten-thousand taken prisoner). Strategists estimated that losses, both military and civilian, from a full scale battle for Japan itself would exceed one million. Surely the tens of thousands killed by exploding a bomb over Hiroshima was the lesser evil. Surely this was a proportionate act : fifty thousand lives traded for a million. As Winston Churchill wrote in support of Truman's decision: "To avert a vast, indefinite butchery... at the cost of a few explosions seemed, after all our toils and perils, a miracle of deliverance." 2 1 Michael Walzer, lust and Unjust Wars (New York: Basic Books, 1979), p.164. 2 Ibid., pp. 266-267. 441 442 TIMOTHY M. RENICK From an ethical perspective, however, the act was anything but a deliverance. I am not alone in this assessment. Advocates of the just-war tradition including Elizabeth Anscombe, Paul Ramsey, George Kennan, John Langan, and Michael Walzer have condemned the bombing of Hiroshima by means of a shared just-war argument.8 The argument goes as follows, and it is a good one. In times of war, many actions are likely to have both good and evil effects. One destroys an enemy's munitions factory (good effect) but kills an innocent child in the process (evil effect). The jus in bello of the just-war tradition, however, stipulates that an action which has a " double effect " is permissible if and only if: ( 1) it is discriminate (i.e., the actor aims only at the good effect and does not intend the evil effect, nor is the evil effect a means to the end, however good); and (2) it is proportionate (i.e., the good created by the act outweighs the bad).4 Now, the argument continues, Truman's decision to bomb Hiroshima failed the first criterion. It was not a discriminate act because the evil effect (the killing of tens of thousands of Japanese civilians) was not unintended. In fact, the evil was the very means to the good end. Although Truman himself claimed to have selected Hiroshima as a target because it was "a war s See, for example, G. E. M. Anscombe, "Mr. Truman's Decision," in Ethics, Religion and Politics (Minneapolis, Minn.: University of Minnesota, 1981); M. Walzer "Supreme Emergency," in Just and Unjust Wars; and John Langan, "The American Hierarchy and Nuclear Weapons," Theological Studies 43 (1982) : 447-467. ' I utilize here a helpful shorthand version of the principle of double effect introduced by Paul Ramsey in War and the Christian Conscience (Durham, North Carolina: Duke, 1961). More frequently, the principle is rendered by means of four criteria: It is permissible to perform an act likely to have evil consequences if and only if (I) the act is good in itself or at least indifferent; (2) the direct effect is morally justified; (3) the actor aims only at the acceptable effect and does not intend the evil effect, nor is the evil effect a means to the end, however good ; and (4) there is in the good effect a proportionately grave reason for permitting the evil effect. The shortened version of the theory captures all components essential to my discussion and enhances clarity. I thus will make use of it throughout this essay. CHARITY AND... (shrink)

A wide-ranging compendium of incisive essays, Responsibility and Restraint: James Turner Johnson and the Just War Tradition promises to be an important contribution to the just war dialogue. Writte...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:After the Smoke Clears: The Just War Tradition and Post-War JusticeAnna Floerke ScheidAfter the Smoke Clears: The Just War Tradition and Post-War Justice Mark J. Allman and Tobias L. Winright Maryknoll, N.Y.: Orbis Books, 2010. 220 pp. $20.00Beginning with Ezekiel’s imagery of a field filled with dry bones in the aftermath of war, Mark J. Allman and Tobias L. Winright approach the burgeoning question (...) of how best to establish a just peace following violent conflict. As theologians committed to the Christian tradition’s emphasis on restoring peace following warfare, their project develops jus post bellum categories that have thus far been considered more by philosophers, political scientists, and international law scholars than by theologians. The authors see themselves as extending the work of Glen Stassen and other just peacemaking theorists. Where just peacemaking provides theologically rooted criteria for jus ante bellum, Allman and Winright want to root theologically jus post bellum. “We believe that expanding the just war tradition to encompass jus post bellum will actually ‘close the loop’ or make for a more honest just war theory by bringing us back to the practices of just peacemaking” (55–56).The book is presented in two parts. The first part offers an overview of the history of the just war tradition and of the emerging discussion of jus post bellum. Despite its brevity, a key strength of this overview is its comprehensiveness. Allman and Winright illustrate the tradition’s roots in Hellenistic philosophy, its development by patristic and medieval theologians, and finally its adoption in the secular sphere. The authors then uncover nascent elements of jus post bellum throughout the just war tradition. Here they pay particular attention to Immanuel Kant before turning to contemporary philosophers, including perhaps the most well-known jus post bellum theorist, Brian Orend, with whom the authors dialogue extensively in the second part.The second part constitutes the book’s major constructive contribution to the theological ethics of warfare and conflict resolution. The authors posit four “categories” that they argue are “consistent with the Christian just war tradition” and necessary for a just peace following war (85). First, they contend that the just cause, which prompts the war, must be reconsidered jus post bellum. “The logic is simple and clear: the end of a just war must be accomplishing the objectives that served as the grounds for going to war in the first place” (100). Second, the authors explore the need for postconflict reconciliation, arguing [End Page 223] for restorative forms of justice alongside retributive forms. This chapter would benefit from more extensive dialogue with theologians such as John de Gruchy, Robert Schreiter, and Charles Villa-Vicencio, who have devoted themselves to the topics of reconciliation and restorative justice from the Christian perspective. Third, the authors discuss the value of punishment in establishing justice. Their discussion of the symbolic importance of reparations is especially insightful. The authors suggest that “reparations require a reversal of power. Those who once were dominant are now in a submissive/vulnerable position” in relation to those who were once powerless (130). Finally, the authors propose a “restoration phase” following warfare wherein basic security must be established and political reforms enacted to preclude any return to the status quo ante bellum. The victors must ensure the economic recovery of the vanquished; provide for the needs of the war’s most vulnerable victims, such as children; and clean up environmental hazards that resulted from fighting.The book is most impressive in that it conjoins multiple postconflict endeavors (e.g., reconciliation and war crimes tribunals) that are frequently separated or seen as oppositional in other literature. This strength indicates that the book may continue to yield serious contributions to the ethics of conflict resolution, especially as scholars accept the authors’ challenge to “develop and further refine” the categories they propose.Anna Floerke ScheidDuquesne UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

A brief overview of the Christian just war tradition, with case studies.

In war there is a phenomenon known as the Naked Soldier problem (NS). A combatant discovers a vulnerable enemy combatant who is unable to defend himself and usually unaware of the combatant’s presence. This enemy combatant is not presently engaged in fighting and not threatening the lives of others. While killing the NS is legally permissible, the question I address in this essay is whether or not there can be a moral justification for doing so. I think such a moral (...) justification is lacking, and there are only excuses for killing the NS. In this essay, I distinguish between a justification and an excuse and then I examine four traditional reasons given for the acceptability of killing in war to see if any of them are (a) justifications for killing in war in general and (b) justifications for killing the Naked Soldier, specifically. (shrink)

This essay considers whether the just war tradition is compatible with Christian theologically grounded conceptions of mercy. After considering and rejecting positions that pit mercy and war against each other, the essay mines the work of Walter Kasper and James Keenan on Christian mercy to develop a position that reimagines mercy as compatible with traditional just war criteria. In particular, this analysis leads to the conclusion that Christians may endorse just war in the form of humanitarian (...) intervention. By doing so, they allow mercy to temper the aspects of warfare that diminish the humanity of others. (shrink)

-This book offers a renewed defense of traditional just war theory and considers its application to certain highly controversial contemporary cases, particularly in the Middle East. The first part of the book addresses and responds to the central theoretical criticisms levelled at traditional just war theory. It offers a detailed defense of civilian immunity, the moral equality of soldiers and the related dichotomy between jus ad bellum and jus in bello, and argues that these principles taken together amount (...) to a morally coherent ethics of war. In this sense this project is traditional. In another sense, however, it is highly relevant to the modern world. While the first part of the book defends the just war tradition against its revisionist critics, the second part applies it to an array of timely issues: civil war, economic warfare, excessive harm to civilians, pre-emptive military strikes, and state-sponsored assassination, which require applying just war theory in practice. This book sets out to reaffirm the basic tenets of the traditional ethics of war and to lend them further moral support, subsequently applying them to a variety of practical issues. This book will be of great interest to students of just war theory, ethics, security studies, war and conflict studies, and IR in general.---Provided by publisher. (shrink)

This book offers the first comprehensive analysis of warfare ethics in early China as well as its subsequent development. Chinese attitudes toward war are rich and nuanced, ranging across amoral realism, defensive just war, humanitarian intervention, and mournful skepticism. Covering the five major intellectual traditions in the "golden age" of Chinese civilization: Confucian, Daoist, Mohist, Legalist, and Military Strategy schools, the book's chapters immerse readers in the proper historical contexts, examine the moral concerns in the classical texts on their (...) own terms, reframe those concerns in contemporary ethical idioms, and forge a critical dialogue between the past and the present. The volume develops fresh moral interpretations of classical texts such as The Art of War, Mencius, Xunzi, Mozi, and the Daodejing and discusses famous philosophers such as Han Fei and Wang Yang-ming, representing antithetical schools of thought about warfare. Attention is also given to the military ethics of the People's Liberation Army, examining its thinking against the backdrop of its own civilizational context. This book will be of much interest to students of just war theory, Chinese politics, ethics, and philosophy, military studies, and International Relations in general. (shrink)

This essay addresses one of the central questions in the ongoing debate about just war theory: are soldiers morally responsible for serving in unjust wars? Francisco de Vitoria addressed this question in the sixteenth century using the concepts of invincible and vincible ignorance. He excused soldiers serving in unjust wars, if they did not know the war was unjust and if they did not have the means to overcome their ignorance; if they had the means, they were morally culpable. (...) In modern just war theory, ignorance is still used both to blame and excuse military service in unjust wars. This essay identifies ten different ways that scholars have used ignorance to argue about the moral responsibilities of soldiers. It then applies the different meanings of ignorance to soldiers serving in Western nations and, using Vitoria’s means tests, evaluates if modern soldiers do indeed have the means to overcome their ignorance. Since many soldiers do have the means, invincible ignorance should no longer be used as an excuse for their service in unjust wars; furthermore, soldiers may, in fact, be morally culpable for serving in them. (shrink)

Although the use of military force for humanitarian ends seems utterly divorced from the use of such force to combat terrorism, both uses answer to similar descriptions. Both appear to encourage nations that are not necessarily themselves under attack to set aside the reigning conventions of national sovereignty and territorial integrity for the overriding purposes of international law enforcement and protection of vulnerable noncombatants. Both involve offensive rather than purely defensive uses of military force. Both answer to criteria of justification (...) that can be derived more readily from the normative moral principles of the classical just war tradition than from purely descriptive revisions of the 'legalist paradigm' in international relations, because the latter is deeply wedded by precedent to notions of sovereignty, territorial integrity, and a purely defensive use of military force. Most significantly, the justification for both kinds of military action depends essentially upon a notion of 'the international community' that is inchoate and urgently in need of rigorous reformulation. In this paper, I attempt to formulate criteria for the justifiable use of military force for these non-defensive purposes, with attention to the nuances of internationalism that several of the resulting criteria entail. Challenges to the de facto role of the United Nations as the sole authoritative representative of this community, and alternatives to its authority in legitimating the use of military force for purposes of international law enforcement, are considered. (shrink)

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a (...) right to pre-emptive self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention. (shrink)

This chapter discusses the tradition of just war theory. It focuses on Rawls's comments in A Theory of Justice (TJ). The discussion is entirely in the service of an account of conscientious refusal to fight in war. The chapter focuses on Rawls's best developed discussions of the doctrines of just war and related ideas in The Law of Peoples (LP). It discusses the place of these doctrines in Rawls's account of the law of peoples, the importance of (...) human rights to the accounts, and Rawls's account of the conditions in which the hope for peace is reasonable. Rawls takes Kant's Perpetual Peace as a guide for the development of his views in LP. The domestic conditions that Rawls takes to be necessary to produce satisfaction for the right reasons are demandingly egalitarian. Rawls maintains that it would be unrealistic to hope for an international society comprised entirely of liberal people. (shrink)