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Just and Unjust Warriors: The Moral and Legal Status of Soldiers

Oxford University Press (2008)

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  1. Just War Theory, Legitimate Authority, and Irregular Belligerency.Jonathan Parry - 2015 - Philosophia 43 (1):175-196.
    Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...)
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  • The Contingent Morality of War: Establishing a Diachronic Model of Jus Ad Bellum.Marcus Schulzke - 2015 - Critical Review of International Social and Political Philosophy 18 (3):264-284.
  • Limiting the Killing in War: Military Necessity and the St. Petersburg Assumption.Janina Dill & Henry Shue - 2012 - Ethics and International Affairs 26 (3):311-333.
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  • Global Consequentialism and the Morality and Laws of War.Hilary Greaves - forthcoming - In McDermott and Roser Kuosmanen (ed.), Human rights and 21st century challenges. Oxford, England: Oxford University Press.
    Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry Shue on (...)
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  • Virtuous Soldiers: A Role for the Liberal Arts?Matthew Beard - 2014 - Journal of Military Ethics 13 (3):274-294.
    The modern soldier is faced with a complex moral and psychological landscape. As Nancy Sherman puts it in The Untold War: Inside the Hearts and Minds of our Soldiers, ‘soldiers go to war to fight external enemies… but most fight inner wars as well.’ The modern soldier is no longer simply a warrior: he is at once a peacekeeper, diplomat, leader, sibling and friend. In the face of such challenges, some responsible for the teaching of soldiers have endeavoured to incorporate (...)
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  • Recent Work on the Ethics of Self-Defense.Tyler Doggett - 2011 - Philosophy Compass 6 (4):220-233.
  • The Legacy of Jus Contra Bellum: Echoes of Pacifism in Contemporary Just War Thought.Serena K. Sharma - 2009 - Journal of Military Ethics 8 (3):217-230.
  • Integrity and Selective Conscientious Objection.Paul Robinson - 2009 - Journal of Military Ethics 8 (1):34-47.
  • Transitional Justice and “Genocide”: Practical Ethics for Genocide Narratives.Aleksandar Jokic - 2014 - The Journal of Ethics 18 (1):23-46.
    In the wake of the Cold War a characteristic style of genocide narratives emerged in the West. For the most part, philosophers did not pay attention to this development even though they are uniquely qualified to address arguments and conceptual issues discussed in this burgeoning genocide genre. While ostensibly a response to a specific recent article belonging to the genre, this essay offers an outline of an ethics of genocide narratives in the form of four lessons on how not to (...)
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  • Child Soldiers and Killing in Self-Defence: Challenging the 'Moral View' on Killing in War.Milla Emilia Vaha - 2011 - Journal of Military Ethics 10 (1):36-51.
    (2011). CHILD SOLDIERS AND KILLING IN SELF-DEFENCE: CHALLENGING THE ‘MORAL VIEW’ ON KILLING IN WAR. Journal of Military Ethics: Vol. 10, No. 1, pp. 36-51. doi: 10.1080/15027570.2011.561639.
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  • Law and Morality at War.Adil Ahmad Haque - 2014 - Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  • The Enlightened Grunt? Invincible Ignorance in the Just War Tradition.Andrew Sola - 2009 - Journal of Military Ethics 8 (1):48-65.
    This essay addresses one of the central questions in the ongoing debate about just war theory: are soldiers morally responsible for serving in unjust wars? Francisco de Vitoria addressed this question in the sixteenth century using the concepts of invincible and vincible ignorance. He excused soldiers serving in unjust wars, if they did not know the war was unjust and if they did not have the means to overcome their ignorance; if they had the means, they were morally culpable. In (...)
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  • Should the Changing Character of War Affect Our Theories of War?Jovana Davidovic - 2016 - Ethical Theory and Moral Practice 19 (3):603-618.
    War has changed so much that it barely resembles the paradigmatic cases of armed conflict that just war theories and international humanitarian law seemed to have had in mind even a few decades ago. The changing character of war includes not only the use of new technology such as drones, but probably more problematically the changing temporal and spatial scope of war and the changing character of actors in war. These changes give rise to worries about what counts as war (...)
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  • Autonomous Weapons and Distributed Responsibility.Marcus Schulzke - 2013 - Philosophy and Technology 26 (2):203-219.
    The possibility that autonomous weapons will be deployed on the battlefields of the future raises the challenge of determining who can be held responsible for how these weapons act. Robert Sparrow has argued that it would be impossible to attribute responsibility for autonomous robots' actions to their creators, their commanders, or the robots themselves. This essay reaches a much different conclusion. It argues that the problem of determining responsibility for autonomous robots can be solved by addressing it within the context (...)
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  • The Ethics of War. Part I: Historical Trends1.Endre Begby, Gregory Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):316-327.
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  • Self-Defense, Punishing Unjust Combatants and Justice in War.Steve Viner - 2010 - Criminal Law and Philosophy 4 (3):297-319.
    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 (...)
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  • Military Ethics and Moral Blame Across Agency Lines.Chad W. Seagren - 2015 - Journal of Military Ethics 14 (2):177-193.
    ABSTRACTIn this article, I examine the extent to which military officers are morally responsible for the actions of others by virtue of shared membership in various groups. I argue that career military officers share membership in morally relevant groups that include their branch of service, Department of Defense and the entire Executive Branch of Government, and I outline the circumstances under which career officers bear moral culpability for the actions of members of this group. A number of implications arise from (...)
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