On Jaina philosophy and the philosophy of Kabir, 15th cent., mystic poet.

In Paul Ricoeur’s hermeneutics, the truth of fiction relates to the search for answers to questions about personal identity and the meaning of life in the world lacking substantial foundations. Ricoeur’s considerations are situated between realism and constructivism. The article dicusses the consequences of the hermeneutical relationship between imaginary worlds and reality for the redefinition of such concepts , as: “truth”, “understanding”, “ethics” and “personal identity”. I attempt to answer the following questions: What is the truth of literary fiction? What (...) is the relationship between literary fiction and reality? What, in the literary fiction, is created and what is discovered? What does self-understanding, related to the imaginary worlds, consist in? What is the role of literary fiction in constituting personal identity? Why is reading an ethical act? What is the role of metaphorical mediation in the process of understanding? (shrink)

The French phenomenologist Michel Henry sees a similarity between the primordial experience of what he calls ‘Life’ and the aesthetic experience occasioned by Wassily Kandinsky’s abstract art. The triple aim of this essay is to explain and assess how Henry interprets Kandinsky’s abstract art and theory; what the consequences of his interpretation mean for the theory of the experience of abstract art; and what doubts and questions emerge from Henry’s interpretations of Kandinsky’s theory and practice. Despite its containing many interesting (...) ideas, Henry’s phenomenological approach is insufficient to describe the aesthetic experience of Kandinsky’s abstract art. For Henry, aesthetic experience is corporeal, primordial, non-intentional, and independent of knowledge and culture.By contrast, I believe that it is possible and more suitable to connect the direct, corporeal, and affective character of the aesthetic experience of abstract art with intentionality and embeddedness in culture and knowledge. (shrink)

Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...) just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the jus sanguinis (citizenship based on "blood" or descent) approaches to citizenship acquisition. In the course of this argument I show why arguments made by Peter Schuck, Rogers Smith, Peter Spiro, Linda Bosniak, and Ayelet Shachar, among others, against this view, are mistaken. This justice-based approach to citizenship also has significant implications for naturalization law and policy. First, I argue that it requires open and easy naturalization and show why the use of naturalization policy to foster national identification is wrong. Second, I demonstrate that if naturalization is easy and open, some rules limiting certain social benefits and privileges to citizens may be compatible with justice, thereby providing a foundation for future discussions of alienage law. (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to (...) a given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

We are a supremely social species whose ecological success rests largely on our capacity for large-scale cooperation. This high degree of sociality is only possible against a background of immensely powerful inhibitions against performing acts of lethal violence against conspecifics. There are circumstances, however, in which acts of lethal violence are individually or collectively advantageous and attractive. To perform such acts, we must override our inhibitions. This essay argues that this tension causes us to be ambivalent about killing other human (...) beings and that our being so is manifested in the widespread belief, found across cultures and historical epochs, that taking human life contaminates the killer and may pose a threat to the entire community, unless rituals of purification are performed to counteract it. Examples from the Hebrew Bible, the Greco-Roman world, medieval Europe, Africa, and Native America are examined to substantiate this claim. Premodern beliefs, moreover, about the consequences of killing are echoed in the symptoms of “moral injury” described by contemporary psychiatrists treating combat veterans, which suggests that, in defying or disabling our inhibitions against performing acts of lethal violence, we ultimately do violence to ourselves. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

Just war scholars are increasingly focusing on the importance of jus post bellum – justice after war – for the legitimacy of military campaigns. Should something akin to jus post bellum standards apply to terrorist campaigns? Assuming that at least some terrorist actors pursue legitimate goals or just causes, do such actors have greater difficulty satisfying the prospect-of-success criterion of Just War Theory than military actors? Further, may the use of the terrorist method as such – state or non-state – (...) jeopardize lasting peace in a way that other violent, for instance military, strategies do not? I will argue that there appears to be little reason to believe that terrorist campaigns are in principle less able to secure or at least contribute to a lasting peace than military campaigns; quite to the contrary. Or, put differently, if terrorism is an unlikely method for securing peace, then war is an even more unlikely one. (shrink)

This essay offers a case study in jus in bello in the American Revolutionary War by focusing on responses to sexual violence committed against American women by soldiers in the occupying British army and their Loyalist auxiliaries. Two main bodies of sources are juxtaposed in order to explore the contexts and manner in which jus in bello was adjudicated: British courts-martial and American Congressional investigations documenting British and Loyalist breaches of the codes of war. By putting the fragmentary evidence of (...) instances of rape in the context of contemporary legal and sociocultural practices of sexual violence in peacetime, as well as of the British army's disciplinary regime, we can elucidate the horizon of experiences and expectations against which survivors, assailants and prosecutors acted. The British army disciplined some soldiers for sexual offenses that violated military law and the codes of war, and it executed a few of them at a time when even their home society featured very low prosecu.. (shrink)

The article deals with the newly discussed set of principles that focus on various issues concerning the end of a war and the establishment of peaceful conditions for the society after a war ends. It also reveals some drawbacks of the jus post bellum principles and searches for its possible modifications into a more complex and applicable set of rules that should govern any post-war activities on both sides of the conflict. The aim is to reach its plausibility in a (...) dynamic global society and thus argue that global peace is an attainable goal only when it becomes the goal of the global community. (shrink)

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)

The just-war framework neatly distinguishes between jus ad bellum, the criteria that address political leaders’ decisions for waging war, and jus in bello, the criteria that address soldiers’ condu...

One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus (...) cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole. (shrink)

Critical analysis of development of concept of jus ante bellum.

In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his more narrow (...) use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

This paper serves three purposes. First, it examines the theme of jus post bellum (“postwar justice”) as it emerges within a just peacemaking (JP) framework. Second, it defines just political participation as civil society peacebuilding reflected in Catholic social thought (CST). Third, it envisions a place for just political participation within the jus post bellum praxis specifically endorsed by the World Bank report of 2007, titled Civil Society and Peacebuilding: Potential, Limitations and Critical Factors. The paper then attends to the (...) Church and faith-based organizations and their roles in civil society peacebuilding postbellum. In doing so, it clarifies the characteristics of jus post bellum within a JP scheme by (a) distinguishing them from the just war approach, (b) identifying JP-oriented jus post bellum thinkers such as Daniel Philpott and Larry May, and (c) incorporating civil society peacebuilding endorsed by both the World Bank report and CST. (shrink)

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, (...) I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them. (shrink)

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)

Abstract None of the numerous modern proposals for jus post bellum models has gained wide acceptance. The proposals tend to resemble laundry lists, often enumerated without an obvious and coherent ethical rationale. Recognizing the importance of jus post bellum, this article seeks to move the jus post bellum discourse forward. First, the article constructs a foundation of seven principles for jus post bellum models by modifying and integrating the separate proposals advanced by Bellamy and Evans. Then building on that revised (...) set of foundational principles, this article incorporates selected criteria and research from prior proposals to erect a five-part jus post bellum framework: (1) respect for persons; (2) establish justice; (3) exercise ecological responsibility; (4) engage multinational commitment and support; and (5) maintain progress toward closure. The article concludes by arguing that the proposed jus post bellum model is comprehensive, parsimonious, pragmatic, and has a universally applicable framework analogous to Just War Theory's other two components. (shrink)

Although foreign workers contribute to the economy and society, their lack of citizenship renders them unequal, vulnerable and exploitable. In this article, I suggest that the citizenship principle of jus domicile can address this aspect of inequality and exploitation experienced by migrant labour. In addition, I argue that the jus domicile principle should be combined with open borders. In making this argument, I draw on a dialectical methodology and a diverse literature on social justice and liberal political theory. The model (...) I am developing is not necessarily for immediate policy implementation but rather presents a vision for a future of free mobility and settlement. (shrink)

Jus post bellum is the ‘new’ part of just war theory that deals with questions of post war justice. While many argue for this extension of just war theory, there is no agreement on the content and scope of post war norms. The debate on jus post bellum is often presented as one between so-called ‘minimalists’ and ‘maximalists’. This article analyses these main positions and the supposed differences between them, and argues that this distinction is no longer relevant. There is (...) no clear opposition between the two positions, but there are gradual variations in terms of content and scope of jus post bellum. In order to pinpoint these variations, a broader perspective is taken. The article thus aims to demonstrate that the content and scope of post war norms depends on two factors: the particular situation to which just war theory applies, and the general view on just war theory and international relations that is adopted. These factors explain the general shift towards a maximalist understanding of jus post bellum. (shrink)

In “Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force,” James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a “responsibility to protect” as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the “Westphalian system.” Yet the doctrine, at least as it relates to the use (...) of military force, is not a reaction to that system but, rather, to the relatively recent system of the UN Charter, particularly its relegation to the Security Council of the exclusive authority to determine when military force should be used for purposes other than self-defense. When the Cold War ended and the Security Council failed to act to protect human rights, the doctrine was born. (shrink)

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Several aspects of our post-9/11 reality challenge the relevance, practicality, and international viability of the two primary trajectories of the Christian tradition on war and peace : the rise of strong religion around the world, the privatization of first-world faith, and an American preference for autonomous reason. This article proposes “faith-based diplomacy” as a constructive middle or third way between what have become dichotomous Christian responses to war and violent conflict, and a response that attends to the challenges of our (...) post-9/11 “signs of the times.” After reviewing recent developments in each trajectory, I suggest that faith-based diplomacy cultivates a series of intentional dispositions and actions that foster peace and seek justice even in the absence of armed conflict. It offers a model of “justice before war” or jus ante bellum that complements the growing edges of both the just war theory and peacemaking by offering several as yet unexplored dispositions and commitments necessary for effective responses to violent conflict. (shrink)

Several aspects of our post-9/11 reality challenge the relevance, practicality, and international viability of the two primary trajectories of the Christian tradition on war and peace (just war theory and pacifism): the rise of strong religion around the world, the privatization of first-world faith, and an American preference for autonomous reason. This article proposes “faith-based diplomacy” as a constructive middle or third way between what have become dichotomous Christian responses to war and violent conflict, and a response that attends to (...) the challenges of our post-9/11 “signs of the times.” After reviewing recent developments in each trajectory, I suggest that faith-based diplomacy cultivates a series of intentional dispositions and actions that foster peace and seek justice even in the absence of armed conflict. It offers a model of “justice before war” or jus ante bellum that complements the growing edges of both the just war theory and peacemaking by offering several as yet unexplored dispositions and commitments necessary for effective responses to violent conflict. (shrink)

This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

An examination of the applicability of conventional and revisionist just war principles to the global war on terror.