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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 (...) $36.47 from Amazon (collection) View on Amazon.com Direct download (2 more)  2 citations |
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In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war effort (...) |
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The “right intention” requirement, in the form of a requirement that the agent must have a justified true belief that the mind-independent conditions of the justification to use force are fulfilled, is not an additional criterion, but one that constrains the interpretation of the other criteria. Without it, the only possible interpretation of the mind-independent criteria is purely objectivist, that is, purely fact-relative. Pure objectivism condemns self-defense and just war theory to irrelevance since it cannot provide proper action guidance: it (...) |
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Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) |
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According to Thomas Pogge, rich people do not simply violate a positive duty of assistance to help the global poor; rather, they violate a negative duty not to harm them. They do so by imposing an unjust global economic structure on poor people. Assuming that these claims are correct, it follows that, ceteris paribus, wars waged by the poor against the rich to resist this imposition are morally equivalent to wars waged in self-defense against military aggression. Hence, if self-defense against (...) |
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Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly think (...) |
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The suffering of war refugees is often regarded as a wrong-less harm. Although war refugees have been made worse off in severe ways, they have not been wronged, because no one intentionally caused their suffering. In military parlance, war refugees are collateral damage. As such, nothing is owed to them as a matter of justice, because their suffering is not the result of intentional wrongdoing; rather, it is the regrettable and unintended result of necessary and proportionate wartime actions. So, while (...) |
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Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, in (...) |
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A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to self-defend against harm (...) |
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The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...) |
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Revisionist just war scholarship employs the rigors of analytical philosophy to make arguments about the deep morality of war. Accepting the individual and cosmopolitan are paramount to making sense of war as many revisionists do, this essay looks outside the just war canon to Montaigne—a sixteenth century French humanist hailed for his exploration of the self and cosmopolitan musings—for alternative insights. It explores how Montaigne was read during the Second World War by three intellectuals to make sense of war: Stefan (...) No categories |
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War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) |
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Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael (...) |
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