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The ethics of war and the force of law : a modern just war theory / Uwe Steinhoff.

Author/creator Steinhoff, Uwe author.
Format Electronic and Book
Publication Info New York, NY : Routledge, 2021.
Description1 online resource (xiv, 321 pages).
Supplemental Content ProQuest Ebook Central
Subject(s)
Series Routledge research in applied ethics
Routledge research in applied ethics. ^A1325916
Contents Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Acknowledgments -- 1 Introduction and Overview -- 2 What is War -- and Can a Lone Individual Wage One? -- 2.1 Defining War -- What is it Good For? -- 2.2 War as Event and War as Action -- 2.3 Individual War -- 2.4 Sovereignty -- 2.5 Violent Struggle -- 2.6 A Comparison with Some Other Definitions -- 3 Jus ad Bellum: Justifying the Use of War -- 3.1 Legitimate Authority -- 3.1.1 Traditional Just War Theory and Legitimate Authority -- 3.1.2 The Spurious "Priority" of Legitimate Authority
Contents 3.1.3 The Consequentialist Argument for Legitimate Authority: The Specter of Chaos and Anarchy -- 3.1.4 Other Arguments for Legitimate Authority or "Authorization"? -- 3.1.5 Conclusion -- 3.2 Just Cause and "Right Intention" -- 3.2.1 Just Cause, Retribution, and the Continuous Application of Jus ad Bellum -- 3.2.1.1 The Formal Question: What Kind of Thing is a "Just Cause" for War? -- 3.2.1.2 The General Substantive Question: "Which Causes are Just?" or "Under What Conditions is There a Just Cause?"
Contents 3.2.1.3 The Question of Timing: Does the "Just Cause" Criterion Only Apply to the Initiation of a War or Also to its Continuation? -- 3.2.2 Right Intention? The Subjective Element of a Justified War -- 3.2.2.1 The Indispensability of "Right Intention" in the Form of a Knowledge Requirement -- 3.2.2.2 Objections to the Previous Argument -- 3.2.2.3 The Mere Knowledge Requirement Is also Sufficient -- 3.2.3 Just Cause and the Subjective Element: Conclusions and Practical Consequences -- 3.3 Proportionality (Again): The Subcriteria of Prospects of Success and Last Resort -- 3.3.1 Prospects of Success
Contents 3.3.2 Last Resort -- 3.4 Summary -- 4 Jus in Bello: Justifying the Use of Force in War -- 4.1 Ordinary Morality and Jus in Bello: Correcting "Revisionist" Misrepresentations of Domestic Peacetime Morality and its Implications for War -- 4.1.1 McMahan's "Responsibility Account" of "Liability to Defensive Force" as a Non-Starter -- 4.1.2 Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation -- 4.1.2.1 Necessity and the "Duty to Retreat" -- 4.1.2.2 Proportionality in Self-Defense -- 4.1.2.3 Wide Proportionality and Imposing the Risk of Death on People One Defends
Contents 4.1.2.4 Rodin on Just War Theory, International Law, and "Copernican Moments" -- 4.1.2.5 War as Law Enforcement and Punishment: The Incoherence of Rodin's Account -- 4.1.2.6 Conclusion -- 4.1.3 Self-Defense Redeemed: The Common Understanding of the Self-Defense Justification -- 4.1.4 Beyond Self-Defense: The Defensive and the Aggressive Emergency Justification -- 4.1.5 Self-Defense vs. Justifying Emergency: Implications for Participating in War -- 4.1.5.1 Equality and Inequality in War: Background and Conceptual Clarifications -- 4.1.5.2 The Dubious Argument for the Two Inequality Doctrines
Abstract 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
General note4.1.5.3 Proportionality and Special Responsibilities or Prerogatives
Bibliography noteIncludes bibliographical references and index.
Biographical noteUwe 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).
Source of descriptionOnline resource; title from digital title page (viewed on December 09, 2020).
Issued in other formPrint version: Steinhoff, Uwe. Ethics of War and the Force of Law : A Modern Just War Theory. Milton : Taylor & Francis Group, ©2020 9780367621421
ISBN9781000260014 (electronic book)
ISBN1000260011 (electronic book)
ISBN9781003110422 (electronic book)
ISBN1003110428 (electronic book)
ISBN9781000260038 (electronic bk. ; EPUB)
ISBN1000260038 (electronic bk. ; EPUB)
ISBN9781000260021 (electronic bk. ; Mobipocket)
ISBN100026002X (electronic bk. ; Mobipocket)
Stock number9781003110422 Taylor & Francis

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