The Justification of War and International Order

The Justification of War and International Order
Author: Lothar Brock
Publisher: Oxford University Press
Total Pages: 560
Release: 2021-02-11
Genre: Law
ISBN: 0192634631

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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

Just War and International Order

Just War and International Order
Author: Nicholas J. Rengger
Publisher: Cambridge University Press
Total Pages: 225
Release: 2013-04-04
Genre: History
ISBN: 1107031648

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Argues the just war tradition, rather than being a restraint on war, has expanded its scope, and criticises this trend.

Just War Or Just Peace?

Just War Or Just Peace?
Author: Simon Chesterman
Publisher:
Total Pages: 332
Release: 2002
Genre: Law
ISBN: 9780199257997

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This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.

The Future of Just War

The Future of Just War
Author: Caron E. Gentry
Publisher: University of Georgia Press
Total Pages: 201
Release: 2014-01-01
Genre: Political Science
ISBN: 0820339504

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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.

Just War and Ordered Liberty

Just War and Ordered Liberty
Author: Paul D. Miller
Publisher: Cambridge University Press
Total Pages: 277
Release: 2021-01-07
Genre: Political Science
ISBN: 1108892418

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When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.

America and the Just War Tradition

America and the Just War Tradition
Author: Mark David Hall
Publisher: University of Notre Dame Pess
Total Pages: 415
Release: 2019-03-30
Genre: History
ISBN: 0268105286

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America and the Just War Tradition examines and evaluates each of America’s major wars from a just war perspective. Using moral analysis that is anchored in the just war tradition, the contributors provide careful historical analysis evaluating individual conflicts. Each chapter explores the causes of a particular war, the degree to which the justice of the conflict was a subject of debate at the time, and the extent to which the war measured up to traditional ad bellum and in bello criteria. Where appropriate, contributors offer post bellum considerations, insofar as justice is concerned with helping to offer a better peace and end result than what had existed prior to the conflict. This fascinating exploration offers policy guidance for the use of force in the world today, and will be of keen interest to historians, political scientists, philosophers, and theologians, as well as policy makers and the general reading public. Contributors: J. Daryl Charles, Darrell Cole, Timothy J. Demy, Jonathan H. Ebel, Laura Jane Gifford, Mark David Hall, Jonathan Den Hartog, Daniel Walker Howe, Kerry E. Irish, James Turner Johnson, Gregory R. Jones, Mackubin Thomas Owens, John D. Roche, and Rouven Steeves

Just War Theory and Non-State Actors

Just War Theory and Non-State Actors
Author: Eric E. Smith
Publisher: Routledge
Total Pages: 228
Release: 2020-03-20
Genre: Political Science
ISBN: 131710983X

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This book uses an historical body of knowledge, Just War Theory, as the basis for analyzing modern conflicts involving Armed Non-State Actors who employ force against states. As the global community faces the challenges of globalization, terrorism, 24-hour international news coverage, super power collapse, weapons of mass destruction, and failed states, the author explores whether the historic bodies of knowledge governing decision makers during conflict remain relevant. Tracing the evolution of Just War Theory, he analyzes circumstances involving Armed Non-State Actor (ANSA) groups possessing powerful and destructive capabilities and a desire to use them, and pursues answers to the central research question: how does Just War Theory apply in modern scenarios involving ANSA groups who challenge the state and international institution’s monopoly on use of force? The study finds that Just War Theory still has the capacity to accommodate modern day statecraft and application in scenarios involving Armed Non-State Actors. This book will be of great interest to those researching and studying in the fields of political theory, security studies, international relations, war and conflict studies, and public ethics.

The Justification of War and International Order

The Justification of War and International Order
Author: Lothar Brock
Publisher: Oxford University Press
Total Pages: 560
Release: 2021-02-11
Genre: Law
ISBN: 0192634623

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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

From Just War to Modern Peace Ethics

From Just War to Modern Peace Ethics
Author: Heinz-Gerhard Justenhoven
Publisher: Walter de Gruyter
Total Pages: 360
Release: 2012-10-01
Genre: Religion
ISBN: 3110291924

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This book rewrites the history of Christian peace ethics. Christian reflection on reducing violence or overcoming war has roots in ancient Roman philosophy and eventually grew to influence modern international law. This historical overview begins with Cicero, the source of Christian authors like Augustine and Thomas Aquinas. It is highly debatable whether Augustine had a systematic interest in just war or whether his writings were used to develop a systematic just war teaching only by the later tradition. May Christians justifiably use force to overcome disorder and achieve peace? The book traces the classical debate from Thomas Aquinas to early modern-age thinkers like Vitoria, Suarez, Martin Luther, Hugo Grotius and Immanuel Kant. It highlights the diversity of the approaches of theologians, philosophers and lawyers. Modern cosmopolitianism and international law-thinking, it shows, are rooted in the Spanish Scholastics, where Grotius and Kant each found the inspiration to inaugurate a modern peace ethic. In the 20th century the tradition has taken aim not only at reducing violence and overcoming war but at developing a constructive ethic of peace building, as is reflected in Pope John Paul II’s teaching.

Just War Thinking

Just War Thinking
Author: Eric Patterson
Publisher: Lexington Books
Total Pages: 152
Release: 2007
Genre: Philosophy
ISBN: 9780739119006

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Just War Thinking: Morality and Pragmatism in the Struggle Against Contemporary Threats reconsiders the intersection between morality and pragmatism in foreign policy and modern warfare. Whereas recent explications of "Just War theory" neglect how twenty-first century wars differ from the old wars that Just War doctrine was originally designed for, this book argues that a political ethic of responsibility should motivate the contemporary application of military force by states in order to protect international security and human life. Just War Thinking criticizes the quasi-pacifism of most formal Just War scholarship, reconceptualizes a minimal, realistic "just war thinking" framework for exploring foreign and military policy options, and evaluates the usefulness of this approach by investigating contemporary cases such as the war on terrorism in Afghanistan and Iraq, the call for assassination of political leaders, and military humanitarian intervention. Finally, the book considers new challenges to pragmatic yet moral policies: the neglect of jus post bellum (justice at war's end); the challenge of public opinion, democratic processes, and supranational institutions to policies based on just war thinking; and the erosive power of postmodernism to the normative structures guiding Western decision-makers.