scholarly journals The ethics of war ending: An addition to the theory of righteous warfare

2016 ◽  
Vol 59 (4) ◽  
pp. 53-68
Author(s):  
Bojana Simeunovic

The asymmetric nature of recent wars, in which victory plays neither a constituting nor regulatory role - which thereby do not yield clearly defined winners or losers - calls for a renewed analysis of the concept of war ending. Operating within the bounds of the legalistic paradigm of just war theory, this work is based on an elementary assumption embedded in the ethics of war ending: that conflict circumstances are prone to change, and therefore examining ad bellum criteria ex ante during newly emerged circumstances can be inaccurate. The aim of this article is to examine and determine if ethics of war ending constitute a separate entity within the theory of just war and what does it encompass, as well as what the appropriate criteria is for determining the moral justification for ending or continuing a conflict.

Author(s):  
Paola Pugliatti

This chapter recounts how developments in the technology of battle had by Shakespeare’s time caught up with even the relatively resistant, cavalry-oriented English nobility. Outlining these technical advances, it discovers numerous moments in Shakespeare indicative of popular responsiveness to war and its new face. Alone among English writers, it was Shakespeare who (repeatedly) termed cannon-fire ‘devilish’; and the chapter demonstrates how different characters in 1Henry IV are on the turn in the long evolution from (equestrian) medieval chivalry, through (treacherous, infantry-deployed) gunpowder weapons, to the perfumed post-militarist courtier. It notes Shakespeare’s staged presentation of conscription as farcically at odds with the official theory of a voluntarism for able-bodied adults. Two soldiers miserably questioning the ethics of war the night before Agincourt prove well apprised of the Christian just war theory—yet Williams shrewdly contests its exculpation of royal leaders from responsibility for their subjects’ deaths.


Author(s):  
Jonathan Parry

The vast majority of work on the ethics of war focuses on traditional wars between states. This chapter aims to show that this is an oversight worth rectifying. The strategy is largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts and whether there are principled moral differences between the two types of case. Firstly, the chapter argues that thinking about intrastate wars may help us make progress on important theoretical debates in recent just war theory. Secondly, it considers whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national defence. Finally, it assesses the extent to which having popular support is an independent requirement of permissible war and whether this renders insurgencies harder to justify than wars fought by functioning states.


2016 ◽  
Vol 46 (2) ◽  
pp. 242-268 ◽  
Author(s):  
James Pattison

Recent discussions in Just War Theory have been framed by a polarising debate between “traditionalist” and “revisionist” approaches. This debate has largely overlooked the importance of an applied account of Just War Theory. The main aim of this essay is to defend the importance of this applied account and, in particular, a nonideal account of the ethics of war. I argue that the applied, nonideal morality of war is vital for a plausible and comprehensive account of Just War Theory. A subsidiary aim of the essay is to show that once we appreciate the importance of the applied, nonideal account, it becomes clear that the positions proposed by revisionists and traditionalists are, in fact, much closer than often presumed.


2021 ◽  
Vol 63 (11) ◽  
pp. 58-73
Author(s):  
Arseniy D. Kumankov

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of the 20th century. This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms.


Author(s):  
Joshua Shaw

This essay considers the role of war in Levinas’s philosophy and his philosophy’s place in the secondary literature on the ethics of war. It is argued that his understanding of war most closely matches just war theory, although it bears similarities as well to pacifist fears about the depersonalization that occurs in war. These comparisons are used to raise concerns about both Levinas’s philosophy and just war theory. Reading just war theory through the lens of his philosophy exposes the inability of just war theory to settle pacifist fears about wartime depersonalization. Conversely, reading Levinas through the lens of this debate reinforces the worry that there may be an unbridgeable gap between ethics and justice in his philosophy.


2010 ◽  
Vol 36 (1) ◽  
pp. 215-234
Author(s):  
ILAN ZVI BARON

AbstractThis article introduces the problem of having to risk one's life for the state in war, asking first why this question is no longer asked in the just war literature and then suggesting five issues that relate to this question: 1) that of individual consent, 2) whether or not any state can be justified in obliging its citizens in this regard and whether or not the type of government is important, 3) whether or not the problem of the obligation differs between conscript and volunteer armies, 4) the problem of political obligation and how any individual could be justifiably obliged to risk his or her life for the state in war, and 5) the question of whether a citizen may be obliged to go into any war. The argument is that these questions are no longer given much attention in the just war literature because of the way that the concept of proper authority has come to be understood. The article concludes by suggesting that the problem of the ‘obligation to die’ should be included in our understanding and use of just war theory and the ethics of war.


2018 ◽  
Vol 32 (2) ◽  
pp. 227-236 ◽  
Author(s):  
Cian O'Driscoll

AbstractBy claiming that “just war is just war,” critics suggest that just war theory both distracts from and sanitizes the horror of modern warfare by dressing it up in the language of moral principles. However, the phrase can also be taken as a reminder of why we need just war theory in the first place. It is precisely because just war is just war, with all that this implies, that we must think so carefully and so judiciously about it. Of course, one could argue that the rump of just war scholarship over the past decade has been characterized by disinterest regarding the material realities of warfare. But is this still the case? This essay examines a series of benchmark books on the ethics of war published over the past year. All three exemplify an effort to grapple with the hard facts of modern violent conflict, and they all skillfully bring diverse traditions of just war thinking into conversation with one another.


2019 ◽  
Vol 33 (4) ◽  
pp. 451-463 ◽  
Author(s):  
Jeff McMahan

AbstractIn their article “Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants,” Scott Sagan and Benjamin Valentino have revealed a wealth of information about the views of contemporary Americans on the ethics of war. Virtually all they have discovered is surprising and much of it is alarming. My commentary in this symposium seeks mainly to extract a bit more from their data and to draw a few further inferences. Among the striking features of Sagan and Valentino's data are that the views of Americans tend to cluster at the extreme ends of the spectrum of possible views about the ethics of war, that an apparent sympathy for pacifism coexists with harshly punitive views about the treatment of soldiers, and that few of those surveyed appear to have given any thought to the implications of the views they expressed for what it might be permissible for enemies of the United States to do to captured American soldiers. The commentary concludes by arguing that Sagan and Valentino's findings do not, as they argue, support the fear that is sometimes expressed that a wider acceptance of revisionist just war theory, and in particular its incorporation into the law, would make the practice of war even more barbarous than it already is.


2021 ◽  
pp. 361-375
Author(s):  
Dragan Stanar

Modern just war theory represents more of a tradition of thoughts on ethical issues of war than a theory per se. However, philosophical attitudes on war coming from authors from non-western cultures, including Serbian culture, are often left outside of this tradition. Author aims to demonstrate that there are clear ideas on ethical attributes of war and warring in Njegos?s work. By analyzing Njegos?s views expressed in his most significant works, through the prism of criteria of the classical elements of the modern just war theory (Jus ad Bellum, Jus in Bello), author demonstrates the existence of Serbian tradition of thought on ethics of war and warring. In this way, modern just war theory is supplemented and enriched with the Serbian historical perspective on justness of war and in war. Simultaneously, author highlights the challenges and perils of interpretation of philosophical ideas without considering the historical context, specific political-culturological circumstances and personality of the idea author. This is of a particular contemporary relevance, as misinterpretations of Njegos?s ideas on war and justice in war are often used to further fuel national antagonisms and destabilize the region.


2021 ◽  
pp. 175508822110347
Author(s):  
Lonneke Peperkamp

Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for disaster. To avoid manipulation of the theory and make the goal of peace attainable, they defend “minimalism” in the ethics of war and peace. This paper responds to and builds on their article. After nuancing the analysis, I will argue (a) that their minimalism does not solve the problem since the proposed alternative concept is equally prone to misuse, and (b) that their minimalism is mistargeted. What I propose is to specify and ground the rules of war without raising the standard too high, to disentangle jus ad bellum and jus post bellum and see peace as guiding principle for jus post bellum, and to interpret that in a minimalist way.


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