European Journal of Political Theory 11 (2):131-154 (2012)

Abstract
The legitimacy of the military is frequently overlooked in standard accounts of jus ad bellum. Accordingly, this paper considers how the military should be organized. It proposes a normative conception of legitimacy – the ‘Moderate Instrumentalist Approach’ – that outlines the qualities that a military should possess. It then assesses the three leading ways of organizing the military according to this approach: the use of private military and security companies (PMSCs), a conscripted force and the all-volunteer force (AVF). The paper argues that the AVF, despite some notable problems, is the most legitimate way of organizing the military
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DOI 10.1177/1474885111425119
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