Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

H.L.A. Hart’s lost and found essay ‘Discretion’ has provided new insight into the issue of how legal systems can cope with indeterminacy in the law. The so-called ‘open texture’ of law calls for the exercise of judicial discretion, which, I argue, renders judges susceptible to the problem of dirty hands. To show this, I frame the problem as being open to an array of appropriate emotional responses, namely, various senses of guilt. With these responses in mind, I revise an example (...) from Michael Walzer’s original analysis in a way that highlights purely personal sacrifices in solutions to dirty hands situations. I then turn to an account of moral emotions in legal decision-making and show how judges—in failing to advance all interests—might be left with a unique sense of guilt. With an application of this account to Hart’s legal positivism, it can be seen that a judge’s hands are often dirtied in resolving borderline cases. If discretion leaves judges in situations where they must do wrong in order to do right, Hart’s endorsement of a closure view of wrongdoing will lead to difficulties in how he can explain the presence of moral remainders in jurisprudence. (shrink)

The experience of ‘moral distress’ is an increasing focal point of contemporary medical and bioethics literature, yet it has received little attention in discussions intersecting with ethical theory. This is unfortunate, as it seems that the peculiar phenomenon may well help us to better understand a number of issues bearing both practical and theoretical significance. In this article, I provide a robust psychological profile of moral distress in order to shed a newfound light upon the longstanding problem of ‘dirty hands’. (...) I argue that moral distress offers evidence of the existence of dirty hands situations. By examining moral distress and its relationship to cases of dirty hands, it appears that few of us are completely immune to susceptibility to these sorts of troubling experiences. With this concern in mind, I provide various recommendations to help alleviate our morally distressing personal and professional lives. (shrink)

Telerobotically operated and semiautonomous machines have become a major component in the arsenals of industrial nations around the world. By the year 2015 the United States military plans to have one-third of their combat aircraft and ground vehicles robotically controlled. Although there are many reasons for the use of robots on the battlefield, perhaps one of the most interesting assertions are that these machines, if properly designed and used, will result in a more just and ethical implementation of warfare. This (...) paper will focus on these claims by looking at what has been discovered about the capability of humans to behave ethically on the battlefield, and then comparing those findings with the claims made by robotics researchers that their machines are able to behave more ethically on the battlefield than human soldiers. Throughout the paper we will explore the philosophical critique of this claim and also look at how the robots of today are impacting our ability to fight wars in a just manner. (shrink)

Despite the enormous impact that war and the threat of war have had on human well-being, utilitarians have had surprisingly little to say about when, if ever, we may fight wars. Discussion of this question has been dominated by realism, pacifism and just war theory. This article takes some preliminary steps toward remedying this situation. I begin by spelling out what I call the Utilitarian War Principle (UWP). After presenting some considerations in its favour and answering some possible objections to (...) it, I compare UWP with pacifism and with the principles of jus ad bellum found in the work of contemporary just war theorists. I argue that adherents of UWP should treat those principles as secondary moral principles, which, although subordinate to UWP, can and should guide its application and which, in turn, should be refined and revised with this goal in mind. (shrink)

In _War By Agreement_, Yitzhak Benbaji and Daniel Statman argue that the morality of war can be governed by a freely accepted agreement over the principles that apply to it. This war contract supersedes the application of the principles of everyday morality to war, thus defying ‘revisionist’ approaches to war, and it upholds a recognizable version of traditional just war theory. This article argues for three claims. First, the contractarian apparatus Benbaji and Statman deploy is actually inconsistent with the deep (...) reasoning they advance on its behalf, since, unsatisfactorily, the contract is supposed to retain normative force even when it is breached by aggressors. Second, the underlying character of their theory makes it something closer to a consequentialist account. Third, this new understanding of their account renders it less distinct from certain articulations of revisionism than they think. (shrink)

Rule consequentialism (RC) is the view that it is right for A to do F in C if and only if A's doing F in C is in accordance with the the set of rules which, if accepted by all, would have consequences which are better than any alternative set of rules (i.e., the ideal code). I defend RC from two related objections. The first objection claims that RC requires obedience to the ideal code even if doing so has disastrous (...) results. Though some rule consequentialists embrace a disaster-clause which permits agents to disregard some of the rules in the ideal code as a necessary means of avoiding disasters, they have not adequately explained how this clause works. I offer such an explanation and show how it fits naturally with the rest of RC. The second disaster objection asserts that even if RC can legitimately invoke a disaster-clause, it lacks principled grounds from distinguishing disasters from non-disasters. In response, I explore Hooker's suggestion that “disaster” is vague. I contend that every plausible ethical theory must invoke something similar to a disaster clause. So if “disaster” is vague, then every plausible ethical theory faces a difficulty with it. As a result, this vagueness is not a reason to prefer other theories to RC. However, I argue, contra Hooker, that the sense of “disaster” relevant to RC is not vague, and RC does indeed have principled grounds to distinguish disasters from nondisasters. (shrink)

Several robotic automation systems, such as unmanned aerial vehicles (UAVs), are being used in combat today. This evokes ethical questions. In this paper, it is argued that UAVs, more than any other weapon, may determine which normative theory the interpretation of the laws of war (LOW) will be based on. UAVs have advantages in terms of reducing casualties for the UAV possessor, but they may at the same time make war seem more like a risk-free enterprise, much like a computer (...) game, lowering the threshold for starting a war. This indicates the importance of revising the LOW, or adding some rules that focus specifically on UAVs. (shrink)

For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...) of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)

Civilian Immunity is the legal and moral protection that civilians enjoy against the effects of hostilities under the laws of armed conflict and according to the ethics of killing in war. Immunity specifies different permissibility conditions for directly targeting civilians on the one hand, and for harming civilians incidentally on the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect. We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards (...) harming them incidentally, can be defended without appealing to the DDE if agents suffer from overconfidence. Overconfidence is a cognitive bias that affects agents who are required to make decisions in the presence of significant uncertainty. (shrink)

Common sense suggests that if a war is unjust, then there is a strong moral reason not to contribute to it. I argue that this presumption is mistaken. It can be permissible to contribute to an unjust war because, in general, whether it is permissible to perform an act often depends on the alternatives available to the actor. The relevant alternatives available to a government waging a war differ systematically from the relevant alternatives available to individuals in a position to (...) contribute to the war. Hence the conditions determining whether it is permissible for a government to wage a war often differ from the conditions determining whether it is permissible for others to promote that war. This difference is manifest most often in unjust wars with putatively humanitarian aims—an increasingly common type of war. (shrink)

That moral principles underlie and constrain the activity of members of professions such as medicine and law is generally acknowledged. Whether the same can be said of the military profession is a question likely to generate considerable uncertainty. In this paper I shall show that, like other professions, the military profession is informed by a moral teleology. The source of this teleology, for the profession of arms, is manifested in the laws of war. The laws of war, in turn, reflect (...) two humanitarian principles. (shrink)

In this thesis, I discuss the ethics of civilian protection in armed conflict from the perspective of applied ethics. Specifically, I attempt to explore a way to supplement the limitations of just war theory in civilian protection by providing a fundamental case for civilian protection, by way of considering insights gleaned from David Hume’s conception of justice, and from the perspective of professional military ethics. Moreover, I will further defend my argument for the protection of civilians in armed conflict by (...) demonstrating the immorality of torture. In Chapter 1, I discuss the status of civilians by examining legal and ethical concepts. In Chapter 2, I critically discuss the scope and limitations of just war theory in civilian protection. In Chapter 3, I analyse how civilian protection was considered and how civilians were harmed in the Israeli–Palestinian conflict. In Chapter 4, I critically examine civilian protection as part of just conduct in armed conflict by referring to Hume’s conception of justice. In Chapter 5, I examine civilian protection from the perspective of military ethics. In Chapter 6, I make a case against the moral justifiability of torturing civilians in order to illustrate how civilians should be protected in an extreme situation. (shrink)