2. The State System and the Evolution of the Just War Tradition

2016 ◽  
pp. 30-62
Keyword(s):  
Just War ◽  
The State ◽  
State System ◽  
Just War Tradition

Interlinking the Domestic with the International: Carl Schmitt on Democracy and International Relations

2006 ◽  
Vol 19 (1) ◽  
pp. 9-40 ◽  
Author(s):  
CHRISTOPH BURCHARD
Keyword(s):  
International Relations ◽  
Weimar Republic ◽  
Just War ◽  
State System ◽  
Carl Schmitt ◽  
The Political ◽  
Just War Tradition

Carl Schmitt's Der Nomos der Erde allows us to rethink his interlinked proposals for the organization of the Weimar Republic, namely his theory of ‘democratic dictatorship’ and the ‘concept of the political’. Connecting the domestic homogeneity of an empowered people with the pluralism of the Westphalian state system, Schmitt seeks to humanize war; he objects to the renaissance of the ‘just war’ tradition, which is premised on a discriminating concept of war. Schmitt's objections are valid today, yet their Eurocentric foundations are also partially outdated. We are thus to argue with Schmitt against Schmitt to reflect on possibilities for the humanization of war.

Fratelli tutti and the Responsibility to Protect

2021 ◽  
Vol 18 (1) ◽  
pp. 5-14
Author(s):  
Drew Christiansen ◽  
Keyword(s):  
Moral Reasoning ◽  
Armed Conflict ◽  
Just War ◽  
Use Of Force ◽  
The State ◽  
Responsibility To Protect ◽  
Pope Francis ◽  
Just War Tradition ◽  
The Military

Fratelli tutti expresses skepticism about the ability of the just-war tradition to provide guidance on the state use of force. It is dismissive of a whole range of rationales for going to war. In rejecting humanitarian “excuses,” Pope Francis puts to question the Church’s support even for armed enforcement of the Responsibility to Protect (R2P). In place of abstract moral reasoning, Francis invites contemplation of the suffering of the victims of war. He expands the horizon of analysis from particular acts to consideration of the cascading consequences of war. He invites the military to color their warrior ethic with the kindness of Christ. In practice, his teaching implies increased attention to the ius postbellum and “the responsibility to rebuild” after armed conflict.

Asymmetric Violence and the State of the Field

2020 ◽  
pp. 17-32
Author(s):  
Neil C. Renic
Keyword(s):  
Just War ◽  
The State ◽  
History Of ◽  
Just War Tradition ◽  
The Asymmetry ◽  
Warrior Ethos ◽  
State Of The Field

This chapter reviews the literature addressing the challenge of radical asymmetry, with a particular focus on gaps in the research. The most significant of these is the consistent failure of existing sources to engage the principle of reciprocal risk in a theoretically and historically rigorous way. This chapter then outlines the methodological response of this book. It will first determine the extent to which—amidst the change and variance of the history of war—a thread of reciprocal risk has endured as an underpinning assumption in both the warrior ethos and Just War Tradition. Alongside this, the book will undertake a more specified analysis of the asymmetry-challenges of military sniping, manned aerial bombing, and UAV-exclusive violence.

Shakespeare and the Just War Tradition, by Paola Pugliatti

2012 ◽  
Vol 127 (527) ◽  
pp. 976-978
Author(s):  
C. S. L. Davies
Keyword(s):  
Just War ◽  
Just War Tradition

scholarly journals Scarred souls, weary warriors, and military intervention: the emergence of the subject in the just war writings of Jean Bethke Elshtain

2012 ◽  
Vol 39 (4) ◽  
pp. 859-880 ◽  
Author(s):  
PETER LEE
Keyword(s):  
International Relations ◽  
Political Theory ◽  
Just War ◽  
Military Intervention ◽  
Military Force ◽  
The Past ◽  
History Of ◽  
The Subject ◽  
Just War Tradition ◽  
A Site

AbstractOver the past three decades Jean Bethke Elshtain has used her critique and application of just war as a means of engaging with multiple overlapping aspects of identity. Though Elshtain ostensibly writes about war and the justice, or lack of justice, therein, she also uses just war a site of analysis within which different strands of subjectivity are investigated and articulated as part of her broader political theory. This article explores the proposition that Elshtain's most important contribution to the just war tradition is not be found in her provision of codes or her analysis of ad bellum or in bello criteria, conformity to which adjudges war or military intervention to be just or otherwise. Rather, that she enriches just war debate because of the unique and sometimes provocative perspective she brings as political theorist and International Relations scholar who adopts, adapts, and deploys familiar but, for some, uncomfortable discursive artefacts from the history of the Christian West: suffused with her own Christian faith and theology. In so doing she continually reminds us that human lives, with all their attendant political, social, and religious complexities, should be the focus when military force is used, or even proposed, for political ends.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

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