Alternative, Kritik und Überbietung
Kants Kriegsrecht und die Theorie des gerechten Krieges
Abstract
This essay defends the view that Kant neither is nor can be a just war theorist. The main reason for this is his conception of the state of nature. In Kant’s state of nature it is impossible to identify the justice of a war and to connect legal consequences to this identification. First, some arguments of the opposite view which sees Kant as a just war theorist will be discussed. Second, it will be asked whether Kant will share the main values which underlie just war theory (orientation towards justice and peace, limitation of violence). In the last section, it is argued that Kant’s ius post bellum should not simply be viewed as an extension of just war categories but also as a critique and radical transformation of traditional just war theory.