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Can war be justified? Pacifists answer that it cannot; they oppose war and advocate for nonviolent alternatives to war. But defenders of just war theory argue that in some circumstances, when the effectiveness of nonviolence is limited, wars can be justified. In this book, two philosophers debate this question, drawing on contemporary scholarship and new developments in thinking about pacifism and just war theory. Andrew Fiala defends the pacifist position, while Jennifer Kling defends just war traditions. Fiala argues that pacifism follows from the awful reality of war and the nonviolent goal of building a more just and peaceful world. Kling argues that war is sometimes justified when it is a last-ditch, necessary effort to defend people and their communities from utter destruction and death. Pulling from global traditions and histories, their debate will captivate anyone who has wondered or worried about the morality of political violence and military force. Topics discussed include ethical questions of self-defense and other-defense, the great analogy between individuals and states, evolving technologies and methods of warfighting, moral injury and post-traumatic stress disorder, broader political and communal issues, and the problem of regional security in a globalizing world. The authors consider cultural and religious issues as well as the fundamental question of moral obligation in a world saturated in military conflict. The book was written in the aftermath of the war on terrorism and includes reflection on lessons learned from the past decades of war, as well as hopes for the future in light of emerging threats in Europe and elsewhere. The book is organized in a user-friendly fashion. Each author presents a self-contained argument, which is followed by a series of responses, replies, and counter-arguments. Throughout, the authors model civil discourse by emphasizing points of agreement and remaining areas of disagreement. The book includes reader-friendly summaries, a glossary of key concepts, and suggestions for further study. All of this will help students and scholars follow the authors’ dialogue so they may develop their own answer to the question of whether war can be justified. Key Features Summarizes the debate between pacifism and just war theory Considers historical and traditional sources as well as contemporary scholarship and applications Models philosophical dialogue and civil discourse, while seeking common ground Discusses issues of concern in contemporary warfighting and peacemaking, while offering an analysis of the war on terrorism
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
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.
The book examines the complex and contested moral and legal issues of preventive warfare.
With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century.
Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice. Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.
Unlike most books on the ethics of war, this book rejects the 'just war' tradition, proposing a virtue ethics of war to take its place. Like torture, war cannot be justified. It answers the question: 'If war is a very great evil, would a leader with courage, justice, compassion, and all the other moral virtues ever choose to fight a war?'
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.