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  1.  41
    Proportionality in Modern Just War Theory: A Tort-Based Approach.Davis Brown - 2011 - Journal of Military Ethics 10 (3):213-229.
    Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article then applies (...)
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  2.  25
    Judging the Judges: Evaluating Challenges to Proper Authority in Just War Theory.Davis Brown - 2011 - Journal of Military Ethics 10 (3):133-147.
    Abstract The article criticizes the trend of reformulating the traditional just-war criterion of Proper Authority, which was designed to de-legitimize force by non-state actors, into a requirement that decisions to resort to force be multilateral. The article illustrates several shortcomings of the judgment processes of the UN Security Council and General Assembly, the World Court, and states? populations, and argues among other things that reformulating Proper Authority would render other criteria meaningless, especially Just Cause. Finally, the article rebuts the strongest (...)
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  3.  21
    A Typology of War Ethics.Davis Brown - 2017 - Journal of Military Ethics 16 (3-4):145-156.
    Interdisciplinary communication on war is impeded by doctrinal gaps concerning its morality, immorality, and amorality. Much is written on ad bellum ethical standards for military force by states, mainly in the fields of international politics and religious studies. However, a necessary first step in comparing these different approaches to war ethics with each other is to develop a system for classifying them. The classification system offered in this paper places war ethics on a grid with two scales. One axis of (...)
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  4.  34
    Introduction: The Just War Tradition and the Continuing Challenges to World Public Order.Davis Brown - 2011 - Journal of Military Ethics 10 (3):125-132.
    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.
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