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Author : Paul D. Miller Publisher : Cambridge University Press Page : 277 pages File Size : 30,53 MB Release : 2021-01-07 Category : Law ISBN : 110883468X
"Waging Just Wars: The Ethical and Legal Principles of Modern Warfare" provides a comprehensive examination of the moral and legal dimensions of contemporary conflict. Authored by an expert in military ethics and international law, this book delves into the foundational principles of Just War Theory, including jus ad bellum, jus in bello, and jus post bellum. The book explores historical precedents and modern applications, offering a detailed analysis of self-defense, humanitarian interventions, and the prevention of atrocities. It critically examines the impact of technological advancements, such as AI and autonomous weapons, on the conduct of war. Through rigorous ethical analysis and case studies, the author addresses the complexities of applying Just War principles in today's geopolitical landscape. "Waging Just Wars" also highlights the importance of legitimate authority, right intention, and proportionality in the decision to go to war. The book discusses the ethical challenges of ensuring that military actions align with these principles and the necessity of exhausting all non-violent options before resorting to force. Additionally, the book provides insights into the treatment of prisoners of war, the use of prohibited weapons, and the ethical considerations of modern warfare tactics. The analysis extends to post-war responsibilities, emphasizing the need for fair treatment of former enemies, reconstruction efforts, and accountability for war crimes. This scholarly work is essential reading for national security researchers, scholars, policymakers, and ethicists. It offers a nuanced understanding of how ethical and legal standards can guide the conduct of warfare, ensuring that the use of force is both morally justified and legally compliant. With its thorough examination of Just War Theory and its application to contemporary conflicts, "Waging Just Wars" is a vital resource for anyone seeking to navigate the moral complexities of modern warfare.
How can some politicians, pundits, and scholars cite the principles of "just war" to defend military actions—and others to condemn those same interventions? Just what is the just war tradition, and why is it important today?Authors David D. Corey and J. Daryl Charles answer those questions in this fascinating and invaluable book. The Just War Tradition: An Introduction reintroduces the wisdom we desperately need in our foreign policy debates.
Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.
An important, timely book on the morality of armed conflicts in the twenty-first century. Every society and every period of history has had to face the reality of war. War inevitably yields situations in which the normal ethical rules of society have to be overridden. The Just War tradition has evolved over the centuries as a careful endeavour to impose moral discipline and humanity on resort to war and in its waging, and the tradition deserves our attention now as much as ever. Just War traces the origin and nature of the tradition from its roots in Christian thinking and provides a clear summary of its principles, which are accessible to all beliefs. As the circumstances and necessities of war have changed over time, so too have the practical interpretations of the tradition. Drawing examples from Kosovo, Afghanistan and the wars in Iraq, Charles Guthrie and Michael Quinlan look at the key concepts in relation to modern armed conflict. The tradition sets rational limits and respects the adversary's humanity amid the chaos of war, and provides systematic questions which governments and armed forces must ask themselves before they engage in war. This short but powerful book is a timely re-examination of its tenets and their relevance in the twenty-first century, setting out the case for a workable and credible moral framework for modern war before, while and after it is waged.
Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.
What makes a war just? What makes a specific weapon, strategy, or decision in war just? The tradition of Just War Theory has provided answers to these questions since at least 400 AD, yet each shift in the weapons and strategies of war poses significant challenges to Just War Theory. This book assembles renowned scholars from around the world to reflect on the most pressing problems and questions in Just War Theory, and engages with all three stages of war: jus ad bellum, jus in bello, and jus post bellum. Providing detailed historical context as well as addressing modern controversies and topics including drones, Islamic jihad, and humanitarian intervention, the volume will be highly important for students and scholars of the philosophy of war as well as for others interested in contemporary global military and ethical issues.
Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition’s ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.
Though scholars of political science and moral philosophy have long analyzed the justifications for and against waging war as well as the ethics of warfare itself, the problem of ending wars has received less attention. In the first book to apply just war theory to this phase of conflict, Eric Patterson presents a three-part view of justice in end-of-war settings involving order, justice, and reconciliation. Patterson’s case studies range from successful applications of jus post bellum, such as the U.S. Civil War or Kosovo, to challenges such as present-day Iraq.
Bringing just war doctrine to life, Richard J. Regan raises a host of difficult questions about the evils of war, asking first and foremost whether war is ever justified, and, if so, for what purposes? Regan considers the basic principles of just war theory and applies those principles to historical and ongoing conflicts through case studies and discussion questions. His well-received 1996 work is updated with the addition of case studies on Iraq, Afghanistan, Libya, and Islamist terrorist organizations. Especially timely are the added discussions of the use of drones to assassinate terrorist leaders and, in the matter of weapons of mass destruction, asking how certain is "certain enough" that a country has weapons of mass destruction before it can be justly attacked? Regan considers the roles of the president, Congress, and the U.N. Security Council in determining when long-term U.S. military involvement is justified.