Tensions in a certain conception of just war as law enforcement
Res Publica 14 (4) (2008)
| Abstract | Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to be justified by the traditionalist fail to meet the proportionality criterion. Thus, a just war, for Rodin, is best conceived of as a punitive war of law enforcement, not as a war of national-defense. I argue that Rodin does not have a case against the traditionalist. If national-defense is a disproportionate response to conditional aggression, then punitive war is a disproportionate response as well. Furthermore, the belief that punitive war is a proportionate response to conditional aggression underscores the traditionalist’s view that self-determination, cultural identity and the like are of sufficient value to defend by means of lethal force. I end the paper by very briefly sketching an account, different from that of Rodin’s, of how individual nations can be justified in waging wars of law enforcement. | |||||||||
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Howard Williams (2012). Kant and the End of War: A Critique of Just War Theory. Palgrave Macmillan.
George R. Lucas (2003). The Role of the 'International Community' in Just War Tradition--Confronting the Challenges of Humanitarian Intervention and Preemptive War. Journal of Military Ethics 2 (2):122-144.
C. A. J. Coady (1997). Objecting Morally. Journal of Ethics 1 (4):375-397.
Jeff McMahan (2006). Killing in War: A Reply to Walzer. Philosophia 34 (1).
Ted Westhusing (2003). Taking Terrorism and ROE Seriously. Journal of Military Ethics 2 (1):1-19.
Joseph Boyle (2011). Waging Defensive War: The Idea and its Normative Importance. Journal of Military Ethics 10 (3):148-159.
Steven Metz & Phillip R. Cuccia (eds.) (2011). Defining War for the 21st Century. Strategic Studies Institute, U.S. Army War College.
David Rodin (2004). War and Self-Defense. Ethics and International Affairs 18 (1):63–68.
Phillip Montague (2010). War and Self-Defense: A Critique and a Proposal. Diametros 23:69-83.
Per Albert Ilsaas (2008). Blair on Rodin: Rejoinder. Res Publica 14 (4):313-316.
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