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. 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

The ethics of killing in war.Jeff McMahan - 2004 - Ethics 114 (4):693-733.
The ethics of killing in war.Jeff McMahan - 2006 - Philosophia 34 (1):693-733.
The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge. pp. 364-379.
Non-Combatant Immunity and War-Profiteering.Saba Bazargan - 2017 - In Helen Frowe & Lazar Seth (eds.), The Oxford Handbook of Ethics of War. Oxford University Press.
Can There Be a Just War?Karsten J. Struhl - 2006 - Radical Philosophy Today 2006:3-25.
Necessity and Non-Combatant Immunity.Seth Lazar - 2014 - Review of International Studies (Firstview Online) 40 (1):53-76.

Analytics

Added to PP
2018-06-18

Downloads
854 (#18,399)

6 months
233 (#11,408)

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 - Oxford University Press USA.
Famine, affluence, and morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.
The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.

View all 69 references / Add more references