Criminal Law and Philosophy 4 (3):297-319 (2010)
|Abstract||Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.
Lene Bomann-Larsen (2004). Licence to Kill? The Question of Just Vs. Unjust Combatants. Journal of Military Ethics 3 (2):142-160.
Uwe Steinhoff (2012). The Moral Equality of Modern Combatants and the Myth of Justified War. Theoretical and Applied Ethics 1 (4):35-44.
Jeff McMahan (2006). The Ethics of Killing in War. Philosophia 34 (1):693-733.
Yitzhak Benbaji (2007). The Responsibility of Soldiers and the Ethics of Killing in War. Philosophical Quarterly 57 (229):558–572.
Yitzhak Benbaji (2009). The War Convention and the Moral Division of Labour. Philosophical Quarterly 59 (237):593-617.
Jeff McMahan (2004). The Ethics of Killing in War. Ethics 114 (4):693-733.
Uwe Steinhoff, To Be Killed or Not to Be Killed? On McMahan’s Failure to Draw a Line Between Combatants and Civilians.
Jordy Rocheleau (2010). Combatant Responsibility for Fighting in Unjust Wars. Social Philosophy Today 26:93-106.
Uwe Steinhoff (2012). Rights, Liability, and the Moral Equality of Combatants. Journal of Ethics 16 (4):339-366.
David Rodin & Henry Shue (eds.) (2008). Just and Unjust Warriors: The Moral and Legal Status of Soldiers. OUP Oxford.
Graham Parsons (2012). Public War and the Moral Equality of Combatants. Journal of Military Ethics 11 (4):2012.
Helen Frowe (2012). Self-Defence and the Principle of Non-Combatant Immunity. Journal of Moral Philosophy 8 (4):530-546.
Daniel Statman (2011). Can Wars Be Fought Justly? The Necessity Condition Put to the Test. Journal of Moral Philosophy 8 (3):435-451.
Added to index2010-09-13
Total downloads19 ( #64,404 of 549,119 )
Recent downloads (6 months)0
How can I increase my downloads?