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- G. E. M. Anscombe, War and Murder.Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception to its unjust exercise.
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The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that..
This paper analyzes "ticking time bomb" scenarios in the discursive legitimation of torture and other coercive interrogation techniques. Judith Butler proposes a Foucauldian framework to suggest that Adminstration policies can be read as the irruption of sovereignty within governmentality. Rereading Foucault, I suggest that the policies could equally be understood as an exercise of governmentality, i.e., the subordination of juridical law to economy. I then propose as a reconciliation of these readings that time bomb scenarios serve rhetorically to make the exercise of arbitrary power Butler identifies appear as an exercise of governmentality; sanitized of complications, coercive interrogation appears efficient.
Introduction -- The meaning of war -- The historical context -- How do we know that we are at war? -- How do we know when a war is over? -- National security strategy and tactical art -- Who participates in war? -- What rules govern war? -- Why does it matter? -- The way ahead.
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How does public discussion contribute to the reasonableness with which power is exercised in a democracy? Contemporary answers to this question (such as formulated by Rawls or Habermas), are often based upon two interconnected preconceptions. These are, 1. the idea that the value of public discussion lies primarily in the fact that citizens can reach a reasonable consensus through argumentation and discussion and, 2. the belief that the exercise of power is legitimate only if it is determined by a reasonable consensus among citizens. In this sense, 'reasonable consensus among citizens' eliminates, under ideal conditions, the 'autonomy' of the exercise of power. However, these ideals of democracy appear to conflict with certain aspects of democratic society; aspects, moreover, which we tend to value quite highly. I therefore advance an alternative account of the reasonableness of power in democratic societies; one which acknowledges both the characteristically unlimited scope of public discussion in democratic society and the fact that such discussion rarely or perhaps even never ends in a general consensus. In order to elucidate the democratic character of society we must explain the relationship between discussion and power in such a way that we understand both the need for discussion and the necessity of an autonomous exercise of power.
Various authors, for instance Elizabeth Anderson, Rosemary Tong, Mary Warnock and Margaret Brazier have argued that commercial surrogate motherhood is exploitative and that it should be prohibited. Their arguments are unconvincing. Exploitation is a more complex notion than it is usually presented as being. Unequal bargaining power can be a cause of exploitation but the exercise of unequal bargaining power is not inevitably or inherently exploitative. Exploitation concerns unfair and/or unjust strategies - rather than the exercise of power as such. Commercial surrogate motherhood is not necessarily exploitative. Furthermore, not all transactions which are exploitative should be made illegal.
Abortion: The morality of abortion, by P. Ramsey. The problem of abortion and the doctrine of double effect, by P. Foot. Whatever the consequences, by J. Bennett.--Sex: Sexual perversion, by T. Nagel. On sexual morality, by S. Ruddick.--Human rights and civil disobedience: Rights, human rights, and racial discrimination, by R. Wasserstrom. The justification of civil disobedience, by J. Rawls. Law and civil disobedience, by R. M. Dworkin.--Criminal punishment: The responsibility of criminals, by W. Kneale. Murder and the principles of punishment, England and the United States, by H. L. A. Hart. Or else, by J. R. Lucas.--Violence and pacifism: What violence is, by N. Garver. Pacifism, a philosophical analysis, by J. Narveson.--War: War and murder, by G. E. M. Anscombe. On the morality of war, a preliminary inquiry, by R. Wasserstrom. Peace, by R. M. Hare.--Suicide and death: Suicide, by R. F. Holland. Death, by T. Nagel. Death, by M. Mothersill.--Bibliography (p. 386-390).
Foucault on Politics, Society and War interrogates Foucault's controversial genealogy of modern biopolitics. By insisting on 'life' as the key referent of power in the modern age, Foucault argues that politics grounds society in war, specifically race war, in ways that come to threaten the very human existence it is pledged to promote. These essays situate Foucault's arguments, clarify the correlation of sovereign- and bio-power and examine the relation of bios, nomos and race in relation to modern war.
The Bush Administration argues that the Commander in Chief has exclusive power to decide what military tactics to use to defeat a wartime enemy. The Administration's constitutional position that Congress may not permissibly interfere with these Executive Commander in Chief powers has been heavily criticized, particularly with respect to the Executive power to interrogate prisoners or engage in warrantless wiretapping on American citizens and its argument that Congress cannot limit the Iraq war. Yet, many critics concur in the Administration's starting point - that the President has exclusive authority over battlefield operations. This article challenges that assumption. It argues that Congress and the President have concurrent power to conduct warfare that has been authorized by Congress, with Congress maintaining the ultimate authority to decide the methods, strategies and tactics by which the United States will wage war, if it chooses to exercise that authority. The President can direct and manage military campaigns in the absence of congressional regulation and restrictions, but the only Commander in Chief power that Congress cannot override is the President's power to command, to be, in Alexander Hamilton's words, the nation's "first general and Admiral." The understanding of concurrent power set forth in this article argues that the two branches power over the conduct of authorized warfare is divided as a practical matter by timing, not subject matter, with the President having the power of initiative over the theatre of war, and Congress having a more deliberative, reflective power, allowing it to check and limit Executive initiative both before and after the Executive acts.
Most of us assume that we have a basic right not to be killed. We might not consider that to be an absolute right—since that would entail strict pacifism—but rather what philosophers call a prima facie right.2 For example, we might be said to forfeit our right not to be killed if we commit a particularly heinous crime like aggravated murder. Or we might waive that right if we suffer from a terminal illness and can’t end our own life without assistance from others. And any right that can be forfeited or waived cannot be absolute. But we’re certainly on solid ground in believing that we have to have very serious moral reasons to justify killing people. In the Western just-war tradition, war is thought to be morally acceptable if it can satisfy certain ethical and procedural criteria. But that tradition also regards war as potentially causing so much suffering, death and destruction that leaders must carefully weigh those harms against the goals they hope to achieve through war. Even if one’s country has been seriously harmed, one’s soldiers or other citizens unjustly killed by foreign powers or terrorists, leaders still face significant moral constraints under just-war criteria on what they may do in response. Having just cause to go to war, for example, does not permit one to wage total war.
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In the jungle, power and coercion govern the exchange of resources. We study a simple, stylised model of the jungle that mirrors an exchange economy. We define the notion of jungle equilibrium and demonstrate that a number of standard results of competitive markets hold in the jungle.
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Discussion of G. E. M. Anscombe, War and murder
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