The Ethics of War and the Force of Law A Modern Just War Theory Routledge Research in Applied Ethics Series
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.
1. Introduction and Overview
2. What Is War—and Can a Lone Individual Wage One?
3. Jus ad Bellum: Justifying the Use of War
4. Jus in Bello: Justifying the Use of Force in War
5. Concluding Remarks
Uwe Steinhoff is Professor in the Department of Politics and Public Administration at the University of Hong Kong. He is the author of On the Ethics of War and Terrorism (2007), The Philosophy of Jürgen Habermas (2009), On the Ethics of Torture (2013), and Self-Defense, Necessity, and Punishment (Routledge, 2019), and the editor of Do All Persons Have Equal Moral Worth? (2015).
Date de parution : 05-2022
15.2x22.9 cm
Date de parution : 11-2020
15.2x22.9 cm
Thème de The Ethics of War and the Force of Law :
Mots-clés :
Justified Self-defense; Jus Ad Bellum; Uwe Steinhoff; Ordinary Morality; ethics of war; War Theory; just war theory; Vice Versa; force of law; Necessity Requirement; political philosophy; Unjust Combatants; applied ethics; Widely Accepted; Inequality Thesis; jus in bello; Bloodless Invasion; sovereignty; Terror Bomber; legitimate authority; Tactical Bomber; right intention; Unjustified Side; retribution; Proportionality Considerations; just cause; McMahan’s Account; mere knowledge requirement; Political Aggression; revisionist just war theory; International Humanitarian Law; national self-defense; responsibility account; Lethal Self-defense; proportionality; RAF; duty to retreat; War Criteria; moral equality of combatants; Collaterally Kill; moral fundamentalism; Defensive Killing; constitutivism; Unjust Threat; contractarianism; Non-combatant Immunity; legal scholarship; war ethics; criminal law
