Proxy Battles in Just War Theory: Jus in Bello, the Site of Justice, and Feasibility Constraints

In David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy: Volume 3. London, U.K.: Oxford University Press. pp. 166-193 (2017)
  Copy   BIBTEX

Abstract

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse.

Links

PhilArchive

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Ethics and the Challenge of Low-Dose Exposures.Kristin Shrader-Frechette - 2000 - The Ruffin Series of the Society for Business Ethics 2:167-184.
Ethics and the Challenge of Low-Dose Exposures.Kristin Shrader-Frechette - 2000 - The Ruffin Series of the Society for Business Ethics 2:167-184.
Moral Authority and Proxy Decision-Making.Anthony Wrigley - 2015 - Ethical Theory and Moral Practice 18 (3):631-647.
Proxy Agency in Collective Action.Kirk Ludwig - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), The Routledge Handbook of Collective Intentionality. New York: Routledge. pp. 58-67.
On children and proxy consent.J. Blustein - 1978 - Journal of Medical Ethics 4 (3):138-140.
Proxy consent and counterfactuals.Yujin Nagasawa - 2008 - Bioethics 22 (1):16–24.
Proxy consent: moral authority misconceived.A. Wrigley - 2007 - Journal of Medical Ethics 33 (9):527-531.
Commentary.Robert S. Olick - 2002 - Cambridge Quarterly of Healthcare Ethics 11 (4):428-430.
Proxy Agency in Collective Action.Kirk Ludwig - 2014 - Noûs 48 (1):75-105.
Proxy functions, truth and reference.R. Nelson - 1997 - Synthese 111 (1):73-96.

Analytics

Added to PP
2018-06-18

Downloads
449 (#24,351)

6 months
49 (#27,750)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

Laura Valentini
Ludwig Maximilians Universität, München
Seth Lazar
Australian National University

Citations of this work

Just War Theory: Revisionists Vs Traditionalists.Seth Lazar - 2017 - Annual Review of Political Science 20:37-54.
War.Brian Orend - 2008 - Stanford Encyclopedia of Philosophy.

Add more citations

References found in this work

Famine, affluence, and morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
Famine, Affluence, and Morality.Peter Singer - 1972 - Oxford University Press USA.
Ideal vs. Non‐ideal Theory: A Conceptual Map.Laura Valentini - 2012 - Philosophy Compass 7 (9):654-664.
Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.

View all 69 references / Add more references