Just and Unjust Warriors: The Moral and Legal Status of Soldiers
David Rodin & Henry Shue (eds.)
OUP Oxford (2008)
| Abstract | Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War. | |||||||||
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| ISBN(s) | 9780199233120 0199233128 | |||||||||
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Jeff McMahan (2004). The Ethics of Killing in War. Ethics 114 (4):693-733.
Lene Bomann-Larsen (2004). Licence to Kill? The Question of Just Vs. Unjust Combatants. Journal of Military Ethics 3 (2):142-160.
Igor Primoratz (2002). Michael Walzer's Just War Theory: Some Issues of Responsibility. Ethical Theory and Moral Practice 5 (2):221-243.
Yitzhak Benbaji (2009). The War Convention and the Moral Division of Labour. Philosophical Quarterly 59 (237):593-617.
Jordy Rocheleau (2010). Combatant Responsibility for Fighting in Unjust Wars. Social Philosophy Today 26:93-106.
Toby Handfield & Patrick Emerton (2009). Order and Affray: Defensive Privileges in Warfare. Philosophy and Public Affairs 37:382-414.
Uwe Steinhoff (2010). Benbaji on Killing in War and 'the War Convention'. Philosophical Quarterly 60 (240):616-623.
Steve Viner (2010). Self-Defense, Punishing Unjust Combatants and Justice in War. Criminal Law and Philosophy 4 (3):297-319.
Nolen Gertz (2008). Just and Unjust Killing. Journal of Military Ethics 7 (4):247-261.
Yitzhak Benbaji (2007). The Responsibility of Soldiers and the Ethics of Killing in War. Philosophical Quarterly 57 (229):558–572.
James Pattison (2013). When Is It Right to Fight? Just War Theory and the Individual-Centric Approach. Ethical Theory and Moral Practice 16 (1):35-54.
Saba Bazargan (2009). Book Reviews:Just and Unjust Warriors: The Moral and Legal Status of Soldiers. [REVIEW] Ethics 119 (3):602-606.
Uwe Steinhoff (2012). The Moral Equality of Modern Combatants and the Myth of Justified War. Theoretical and Applied Ethics 1 (4):35-44.
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