David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Radical Philosophy Today 2006:3-25 (2006)
Just war theory distinguishes between jus ad bellum (whether the war itself is just) and jus in bello (whether the conduct of the war is just). I argue, against the traditional view, that modern warfare has made it impossible to separate the two in practice. Specifically, I argue that modern war is a techno-cultural system which requires its participants to violate the primary criterion of jus in bello—noncombatant immunity. From this it follows that even a war of self-defense is not a just war. I consider several challenges to my position: the doctrine of double effect and the claim that noncombatant immunity can be suspended on the basis of military necessity or supreme emergency. I argue that neither of these challenges is acceptable and that to suspend the rule of noncombatant immunity is to suspend the moral point of view. Finally, I consider alternatives which would change the techno-cultural system of modern war
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jeff McMahan (2004). The Ethics of Killing in War. Ethics 114 (4):693-733.
Joseph Betz (2005). Proportionality, Just War Theory, and America's 2003–2004 War Against Iraq. Social Philosophy Today 21:137-156.
Torkel Brekke (ed.) (2006). The Ethics of War in Asian Civilizations: A Comparative Perspective. Routledge.
Toby Handfield & Patrick Emerton (2009). Order and Affray: Defensive Privileges in Warfare. Philosophy and Public Affairs 37 (4):382 - 414.
Brian Orend (2004). Kant's Ethics of War and Peace. Journal of Military Ethics 3 (2):161-177.
D. Boucher (2012). The Just War Tradition and its Modern Legacy: Jus Ad Bellum and Jus in Bello. European Journal of Political Theory 11 (2):92-111.
David K. Chan (2013). Just War, Noncombatant Immunity, and the Concept of Supreme Emergency. Journal of Military Ethics 11 (4):273 - 286.
Christopher Toner (2010). The Logical Structure of Just War Theory. Journal of Ethics 14 (2):81-102.
Graham Parsons (2012). The Incoherence of Walzer's Just War Theory. Social Theory and Practice 38 (4):663-88.
Steven Metz & Phillip R. Cuccia (eds.) (2011). Defining War for the 21st Century. Strategic Studies Institute, U.S. Army War College.
John W. Lango (2010). Nonlethal Weapons, Noncombatant Immunity, and Combatant Nonimmunity: A Study of Just War Theory. [REVIEW] Philosophia 38 (3):475-497.
Yitzhak Benbaji (2009). The War Convention and the Moral Division of Labour. Philosophical Quarterly 59 (237):593-617.
Chris Mayer (2007). Nonlethal Weapons and Noncombatant Immunity: Is It Permissible to Target Noncombatants? Journal of Military Ethics 6 (3):221-231.
Added to index2011-01-09
Total downloads15 ( #161,941 of 1,699,818 )
Recent downloads (6 months)4 ( #161,079 of 1,699,818 )
How can I increase my downloads?