The ethics of war and the force of law : a modern just war theory / Uwe Steinhoff.
2021
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Author
Title
The ethics of war and the force of law : a modern just war theory / Uwe Steinhoff.
Imprint
New York, NY : Routledge, 2021.
Description
1 online resource (xiv, 321 pages).
Series
Routledge research in applied ethics.
Formatted Contents Note
Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Preface
Acknowledgments
1 Introduction and Overview
2 What is War
and Can a Lone Individual Wage One?
2.1 Defining War
What is it Good For?
2.2 War as Event and War as Action
2.3 Individual War
2.4 Sovereignty
2.5 Violent Struggle
2.6 A Comparison with Some Other Definitions
3 Jus ad Bellum: Justifying the Use of War
3.1 Legitimate Authority
3.1.1 Traditional Just War Theory and Legitimate Authority
3.1.2 The Spurious "Priority" of Legitimate Authority
3.1.3 The Consequentialist Argument for Legitimate Authority: The Specter of Chaos and Anarchy
3.1.4 Other Arguments for Legitimate Authority or "Authorization"?
3.1.5 Conclusion
3.2 Just Cause and "Right Intention"
3.2.1 Just Cause, Retribution, and the Continuous Application of Jus ad Bellum
3.2.1.1 The Formal Question: What Kind of Thing is a "Just Cause" for War?
3.2.1.2 The General Substantive Question: "Which Causes are Just?" or "Under What Conditions is There a Just Cause?"
3.2.1.3 The Question of Timing: Does the "Just Cause" Criterion Only Apply to the Initiation of a War or Also to its Continuation?
3.2.2 Right Intention? The Subjective Element of a Justified War
3.2.2.1 The Indispensability of "Right Intention" in the Form of a Knowledge Requirement
3.2.2.2 Objections to the Previous Argument
3.2.2.3 The Mere Knowledge Requirement Is also Sufficient
3.2.3 Just Cause and the Subjective Element: Conclusions and Practical Consequences
3.3 Proportionality (Again): The Subcriteria of Prospects of Success and Last Resort
3.3.1 Prospects of Success
3.3.2 Last Resort
3.4 Summary
4 Jus in Bello: Justifying the Use of Force in War
4.1 Ordinary Morality and Jus in Bello: Correcting "Revisionist" Misrepresentations of Domestic Peacetime Morality and its Implications for War
4.1.1 McMahan's "Responsibility Account" of "Liability to Defensive Force" as a Non-Starter
4.1.2 Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation
4.1.2.1 Necessity and the "Duty to Retreat"
4.1.2.2 Proportionality in Self-Defense
4.1.2.3 Wide Proportionality and Imposing the Risk of Death on People One Defends
4.1.2.4 Rodin on Just War Theory, International Law, and "Copernican Moments"
4.1.2.5 War as Law Enforcement and Punishment: The Incoherence of Rodin's Account
4.1.2.6 Conclusion
4.1.3 Self-Defense Redeemed: The Common Understanding of the Self-Defense Justification
4.1.4 Beyond Self-Defense: The Defensive and the Aggressive Emergency Justification
4.1.5 Self-Defense vs. Justifying Emergency: Implications for Participating in War
4.1.5.1 Equality and Inequality in War: Background and Conceptual Clarifications
4.1.5.2 The Dubious Argument for the Two Inequality Doctrines
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Preface
Acknowledgments
1 Introduction and Overview
2 What is War
and Can a Lone Individual Wage One?
2.1 Defining War
What is it Good For?
2.2 War as Event and War as Action
2.3 Individual War
2.4 Sovereignty
2.5 Violent Struggle
2.6 A Comparison with Some Other Definitions
3 Jus ad Bellum: Justifying the Use of War
3.1 Legitimate Authority
3.1.1 Traditional Just War Theory and Legitimate Authority
3.1.2 The Spurious "Priority" of Legitimate Authority
3.1.3 The Consequentialist Argument for Legitimate Authority: The Specter of Chaos and Anarchy
3.1.4 Other Arguments for Legitimate Authority or "Authorization"?
3.1.5 Conclusion
3.2 Just Cause and "Right Intention"
3.2.1 Just Cause, Retribution, and the Continuous Application of Jus ad Bellum
3.2.1.1 The Formal Question: What Kind of Thing is a "Just Cause" for War?
3.2.1.2 The General Substantive Question: "Which Causes are Just?" or "Under What Conditions is There a Just Cause?"
3.2.1.3 The Question of Timing: Does the "Just Cause" Criterion Only Apply to the Initiation of a War or Also to its Continuation?
3.2.2 Right Intention? The Subjective Element of a Justified War
3.2.2.1 The Indispensability of "Right Intention" in the Form of a Knowledge Requirement
3.2.2.2 Objections to the Previous Argument
3.2.2.3 The Mere Knowledge Requirement Is also Sufficient
3.2.3 Just Cause and the Subjective Element: Conclusions and Practical Consequences
3.3 Proportionality (Again): The Subcriteria of Prospects of Success and Last Resort
3.3.1 Prospects of Success
3.3.2 Last Resort
3.4 Summary
4 Jus in Bello: Justifying the Use of Force in War
4.1 Ordinary Morality and Jus in Bello: Correcting "Revisionist" Misrepresentations of Domestic Peacetime Morality and its Implications for War
4.1.1 McMahan's "Responsibility Account" of "Liability to Defensive Force" as a Non-Starter
4.1.2 Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation
4.1.2.1 Necessity and the "Duty to Retreat"
4.1.2.2 Proportionality in Self-Defense
4.1.2.3 Wide Proportionality and Imposing the Risk of Death on People One Defends
4.1.2.4 Rodin on Just War Theory, International Law, and "Copernican Moments"
4.1.2.5 War as Law Enforcement and Punishment: The Incoherence of Rodin's Account
4.1.2.6 Conclusion
4.1.3 Self-Defense Redeemed: The Common Understanding of the Self-Defense Justification
4.1.4 Beyond Self-Defense: The Defensive and the Aggressive Emergency Justification
4.1.5 Self-Defense vs. Justifying Emergency: Implications for Participating in War
4.1.5.1 Equality and Inequality in War: Background and Conceptual Clarifications
4.1.5.2 The Dubious Argument for the Two Inequality Doctrines
Summary
This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"-- the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.
Note
4.1.5.3 Proportionality and Special Responsibilities or Prerogatives
Source of Description
OCLC-licensed vendor bibliographic record.
Location
www
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781000260014 electronic book
1000260011 electronic book
9781003110422 electronic book
1003110428 electronic book
9781000260038 (electronic book : EPUB)
1000260038 (electronic book : EPUB)
9781000260021 (electronic book : Mobipocket)
100026002X (electronic book : Mobipocket)
0367621428
9780367621421
1000260011 electronic book
9781003110422 electronic book
1003110428 electronic book
9781000260038 (electronic book : EPUB)
1000260038 (electronic book : EPUB)
9781000260021 (electronic book : Mobipocket)
100026002X (electronic book : Mobipocket)
0367621428
9780367621421
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