Kant’s Rejection of Just War: International Order between Democratic Constitutionalism and Revolutionary Violence

Author(s):  
Oliver Eberl

Following up on Tischer’s, Becker Lorca’s and Teschke’s observations on early modern war discourse, Oliver Eberl in this chapter elaborates Immanuel Kant’s critique of the justification of the use of force in early modernity which revolutionized the thinking on international order. Kant condemned the justification of the use of force as just war since this would perpetuate the state of nature which the states still found themselves in. Kant does not link directly theory and practice but rather formulates his theory on the background of revolutionary change, which in his view opens up the possibility of a completely new approach to international order. However, in unfolding his theory, Kant had to take into consideration its possible practical consequences in the context of an unstable international constellation of power. Furthermore, he had to accommodate the practice of the French republic to identify its opponents as ‘unjust enemies’, thereby contradicting the envisaged role of the revolution as the nucleus of the new era of peace envisioned by Kant.

This book provides a comprehensive, interdisciplinary account of the scholarship on religion, conflict, and peacebuilding. Extending that inquiry beyond its traditional parameters, the volume explores the legacies of colonialism, missionary activism, secularism, orientalism, and liberalism. While featuring case studies from diverse contexts and traditions, the volume is organized thematically, beginning with a mapping of scholarship on religion, violence, and peace. The second part scrutinizes challenges to secularist theorizing of questions of conflict transformation and broadens the discussion of violence to include an analysis of its cultural, religious, and structural forms. The third part engages contested issues such as religion’s relations to development, violent and nonviolent militancy, and the legitimate use of force; the protection of the freedom of religion in resolving conflicts; and gender as it relates to religious peacebuilding. The fourth part highlights the practice of peacebuilding through exploring constructive resources within various traditions, the transformative role of rituals, spiritual practices in the formation of peacebuilders, interfaith activism on American university campuses, the relation of religion to solidarity activism, and scriptural reasoning as a peacebuilding practice. It also offers extended reflections on the legacy of missionary peacebuilding activism and the neoliberal framing of peacebuilding schemes and agendas. The volume is innovative because the authors grapple with the tension between theory and practice, cultural theory’s critique of the historicity of the very categories informing the discussion, and the challenge that the justpeace frame makes to the liberal peace paradigm, offering elicitive, elastic, and context-specific insights for strategic peacebuilding processes.


2017 ◽  
Vol 46 (2) ◽  
pp. 218-241 ◽  
Author(s):  
Pablo Kalmanovitz

Since its early origins, just war discourse has had two contrasting functions: it has sought to speak law and morals to power, and thus to restrain the use of force, but it has also served to authorize and legitimize the use of force. Critical voices have recently alerted to the increasing use of authorization and legitimization in a broader context of hegemonic and unilateral appropriations of just war discourse. In this article, I show that such critiques of just war have a long history, and reconstruct the powerful challenge that two of the foremost international jurists of the Enlightenment—Christian Wolff and Emer de Vattel—mounted against early modern accounts of just war. Their neglected theory of “regular war” helps us to recover a sense of what a truly pluralist and anti-hegemonic doctrine of ius ad bellum may look like, and reveals a deep tension in the just war tradition between the criteria of political authority and just cause.


Author(s):  
Nicholas Tsagourias ◽  
Michael Farrell

Abstract Considering the role of attribution in the law of state responsibility, this article examines the technical and international law methodologies and determinants used when attributing malicious cyber activities falling below the use-of-force threshold to a state, and identifies the challenges that arise which lead to responsibility gaps. The article goes on to discuss a number of proposals that aim to improve the effectiveness of the attribution process and also close some of the existing responsibility gaps. They include institutional proposals envisaging the creation of an international attribution agency; normative proposals advocating the revision of the legal determinants of attribution; and proposals concerning the standard of proof. The aim of the article is to reconstruct the theory and practice of cyber attribution in order to enhance the regulatory potential of international law in this area.


1982 ◽  
Vol 76 (3) ◽  
pp. 499-531 ◽  
Author(s):  
Ted L. Stein

The “Hostages” case was surely one of the most remarkable ever to be presented to the World Court for a decision. And among its remarkable features, none is more striking than that prior to delivery of the Court’s Judgment the United States attempted to rescue the hostages by force. This attempt to accomplish by force what the United States had sought to achieve through the judicial process raised profound issues regarding the relationship between the use of force and adjudication, the purpose and effect of interim measures of protection, and the role of the Court in the contemporary international order. This article will analyze these issues in the light of the Court’s treatment of the rescue attempt.


2020 ◽  
Vol 04 (03) ◽  
pp. 291-302
Author(s):  
Mariam F. Eskander ◽  
Christopher T. Aquina ◽  
Aslam Ejaz ◽  
Timothy M. Pawlik

AbstractAdvances in the field of surgical oncology have turned metastatic colorectal cancer of the liver from a lethal disease to a chronic disease and have ushered in a new era of multimodal therapy for this challenging illness. A better understanding of tumor behavior and more effective systemic therapy have led to the increased use of neoadjuvant therapy. Surgical resection remains the gold standard for treatment but without the size, distribution, and margin restrictions of the past. Lesions are considered resectable if they can safely be removed with tumor-free margins and a sufficient liver remnant. Minimally invasive liver resections are a safe alternative to open surgery and may offer some advantages. Techniques such as portal vein embolization, association of liver partition with portal vein ligation for staged hepatectomy, and radioembolization can be used to grow the liver remnant and allow for resection. If resection is not possible, nonresectional ablation therapy, including radiofrequency and microwave ablation, can be performed alone or in conjunction with resection. This article presents the most up-to-date literature on resection and ablation, with a discussion of current controversies and future directions.


2020 ◽  
Vol 5 ◽  
pp. 7-11
Author(s):  
Malek Abdel-Shehid

Calypso is a popular Caribbean musical genre that originated in the island nation of Trinidad and Tobago. The genre was developed primarily by enslaved West Africans brought to the region via the transatlantic slave trade during the seventeenth and eighteenth centuries. Although West-African Kaiso music was a major influence, the genre has also been shaped by other African genres, and by Indian, British, French, and Spanish musical cultures. Emerging in the early twentieth century, Calypso became a tool of resistance by Afro-Caribbean working-class Trinbagonians. Calypso flourished in Trinidad due to a combination of factors—namely, the migration of Afro-Caribbean people from across the region in search of upward social mobility. These people sought to expose the injustices perpetrated by a foreign European and a domestic elite against labourers in industries such as petroleum extraction. The genre is heavily anti-colonial, anti-imperial, and anti-elitist, and it advocated for regional integration. Although this did not occur immediately, Calypsonians sought to establish unity across the region regardless of race, nationality, and class through their songwriting and performing. Today, Calypso remains a unifying force and an important part of Caribbean culture. Considering Calypso's history and purpose, as well as its ever-changing creators and audiences, this essay will demonstrate that the goal of regional integration is not possible without cultural sovereignty.


2020 ◽  
Vol 10 (3) ◽  
pp. 186-193
Author(s):  
REN YANYAN ◽  

The friendship between nations lies in the mutual affinity of the people, and the people’s affinity lies in the communion of hearts. The cultural and humanities cooperation between China and Russia has a long history. In recent years, under the role of the“Belt and Road” initiative, the SCO, and the Sino-Russian Humanities Cooperation Committee, Sino-Russian culture and humanities cooperation has continued to deepen. Entering a new era, taking the opportunity to promote Sino-Russian relations into a “new era China-Russia comprehensive strategic cooperative partnership”, the development of human relations between the two countries has entered a new historical starting point, while also facing a series of problems and challenges. This article is based on the current status of Sino-Russian human relations in the new era, interprets the characteristics of Sino-Russian human relations in the new era, analyzes the problems and challenges of Sino-Russian human relations in the new era, and tries to propose solutions and solutions with a view to further developing Sino-Russian cultural and humanities relations in the new era. It is a useful reference, and provides a reference for future related research, and ultimately helps the Sino-Russian cultural and humanities relations in the new era to be stable and far-reaching.


2020 ◽  
Vol 3 (152) ◽  
pp. 141-145
Author(s):  
L. A. Checal ◽  

This study focuses on a conceptual representation of the metaphysical and non-classical context of reflection in its subjective dichotomous understanding. The author successively reviews the specifics of reflection, as well as the features of methodology of cognition and self-knowledge in the context of determining the values and priorities of human development and consciousness. The article also includes an overview of the main categories of reflection through a breakdown of theoretical relationships and the most important conceptual discourses. The theoretical significance of the problem of cognition and self-knowledge is determined by the central role of man in society and history. The analysis shows that the methodology of cognition and self-knowledge should be based on the principles of axiological disengagement, a combination of logical and historical aspect, as well as on the coherence of theory and practice.


Author(s):  
Xavier Tubau

This chapter sets Erasmus’s ideas on morality and the responsibility of rulers with regard to war in their historical context, showing their coherence and consistency with the rest of his philosophy. First, there is an analysis of Erasmus’s criticisms of the moral and legal justifications of war at the time, which were based on the just war theory elaborated by canon lawyers. This is followed by an examination of his ideas about the moral order in which the ruler should be educated and political power be exercised, with the role of arbitration as the way to resolve conflicts between rulers. As these two closely related questions are developed, the chapter shows that the moral formation of rulers, grounded in Christ’s message and the virtue politics of fifteenth-century Italian humanism, is the keystone of the moral world order that Erasmus proposes for his contemporaries.


2021 ◽  
Vol 14 (1) ◽  
Author(s):  
Felicitas Söhner ◽  
Nils Hansson

Abstract Background Scholars agree that Torbjörn Caspersson’s lab at the Institute of Medical Cell Research and Genetics at the Karolinska Institute, Sweden, played a key role in the first description of the so-called Q-banding technique. It laid the foundation for a new era of cytogenetic diagnostics and had a lasting impact in several areas of biology and medicine. Methods Based on a mixed-method approach, essential aspects of the history of human cytogenetics are considered via primary and secondary analysis of biographical interviews as well as the qualitative evaluation of bibliometrics. Drawing on interviews with colleagues of lab member Lore Zech (1923–2013) and contemporary publications, this paper illuminates the role of and contribution by Zech: To what extent is the discovery attached to her and what does her legacy look like today? Results The analysis of the contemporary witness interviews with colleagues, students and junior researchers shows that Lore Zech was a committed member of Caspersson's research group. In addition, memoirs by contemporary colleagues describe her outstanding skills in microscopy. The different sources paint a multifaceted picture. In addition to the historians' patterns of interpretation, different legacies can also be found within the peer group. Conclusions We argue that Zech represent the type of scientist who, although her research was acknowledged with several prizes, so far has not been part of the canon of pioneers of international cytogenetics.


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