Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)
Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification (...) of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory. (shrink)
In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal (...) Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations. (shrink)
Machine generated contents note: 1. Introduction: normative principles of jus post bellum; Part I. Retribution: 2. Grotius, sovereignty, and the indictment of Al Bashir; 3. Transitional justice and the Just War tradition; 4. War crimes trials during and after war; Part II. Reconciliation: 5. Reconciliation of warring parties; 6. Reconciliation and the rule of law; 7. Conflicting responsibilities to protect human rights; Part III. Rebuilding: 8. Responsibility to rebuild and collective responsibility; 9. Responsibility to rebuild as a limitation on initiating (...) war; Part IV. Restitution and Reparation: 10. Restitution and restoration in jus post bellum; 11. A Grotian account of reparations; Part V. Proportionality and the End of War: 12. Proportionality and the fog of war. (shrink)
Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is (...) the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross. (shrink)
Larry May examines the normative and conceptual problems concerning the crime of genocide. Genocide arises out of the worst of horrors. Legally, however, the unique character of genocide is reduced to a technical requirement, that the perpetrator's act manifest an intention to destroy a protected group. From this definition, many puzzles arise. How are groups to be identified and why are only four groups subject to genocide? What is the harm of destroying a group and why is this harm thought (...) to be independent of killing many people? How can a person in the dock, as an individual, be responsible for a collective crime like genocide? How should we understand the specific crimes associated with genocide, especially instigation, incitement, and complicity? Paying special attention to the recent case law concerning the Rwanda genocide, May offers the first philosophical exploration of the crime of genocide in international criminal law. (shrink)
In this, the first major philosophical study of contingent pacifism, Larry May offers a new account of pacifism from within the Just War tradition. Written in a non-technical style, the book features real-life examples from contemporary wars and applies a variety of approaches ranging from traditional pacifism and human rights to international law and conscientious objection. May considers a variety of thinkers and theories, including Hugo Grotius, Kant, Socrates, Seneca on restraint, Tertullian on moral purity, Erasmus's arguments against just war, (...) and Hobbes's conception of public conscience. The guiding idea is that the possibility of a just war is conceded, but not at the current time or in the foreseeable future due to the nature of contemporary armed conflict and geopolitics - wars in the past are also unlikely to have been just wars. This volume will interest scholars and upper-level students of political philosophy, philosophy of law, and war studies. (shrink)
The categories of "civilian" or "soldier,” “combatant" or “noncombatant,” are thought to be stable. Yet, the case of the naked soldier taking a bath challenges such stability in a way that illustrates the serious conceptual and normative problems with identifying such social groups.
Virginia Held, best known for her landmark book Rights and Goods, has made an indelible mark on the fields of ethics, feminist philosophy, and social and political thought. Her impact on a generation of feminist thinkers is unrivaled and she has been at the forfront of discussions about the way in which an ethic of care can affect social and political matters. These new essays by leading contemporary philosophers range over all of these areas. While each stands alone, the essays (...) together demonstrate the lasting value of Held's work to the field. Includes an afterword by Held. (shrink)
We criticize the following views: only the rapist is responsible since only he committed the act; no one is responsible since rape is a biological response to stimuli; everyone is responsible since men and women contribute to the rape culture; and patriarchy is responsible but no person or group. We then argue that, in some societies, men are collectively responsible for rape since most benefit from rape and most are similar to the rapist.
The just war tradition began life, primarily in the writings of Augustine and other Church Fathers, as a reaction to pacifism. In my view, contemporary just war adherents should also see pacifism as their main rival. The key question of the just war tradition is how to justify war, given that war involves intentionally attacking or killing innocent people. And this justificatory enterprise is not an easy one. Today some theorists argue that some, but not all, soldiers are liable to (...) be attacked, especially those who fight in an unjust war. In this view, some of those who fight and kill in unjust wars should not be excused for following orders or even for their ignorance. Yet, it is often hard to tell if one is fighting in an unjust war, or whether military orders are unjust. I will argue that, especially in light of new work by just war adherents, the moral risks of participating in war are so high that pacifism, at least in its contingent form, should be seen as a reasonable option. The new versions of the just war doctrine bring us much closer to pacifism than their adherents would admit. (shrink)
Our primary focus is the concept of intimacy, especially in the context of adult American male relationships. We begin with an examination of comradeship, a nonintimate form of friendship, then develop an account of the nature and value of intimacy in friendship. We follow this with discussions of obstacles to intimacy and of Aristotle's views. In the final section, we discuss the process of men attaining intimacy.
The Rwandan genocide of 1994 occurred due to widespread complicity. I will argue that complicity can be the basis for legal liability, even for criminal liability, if two conditions are met. First, the person’s actions or inactions must be causally efficacious at least in the sense that had the person not committed these actions or inactions the harm would have been made significantly less likely to occur. Second, the person must know that her actions or inactions risk contributing to a (...) harmful enterprise, and must intend that these actions or inactions risk making this contribution. But it is not part of this analysis that the defendant must intend the harmful result. I explore the boundaries between legal and moral complicity and end with a discussion of how the analysis defended in the paper affects such questions as how many people in Rwanda should be prosecuted for the genocide which occurred due to widespread complicity. (shrink)
Now, twenty years later, this collection of fifteenessays brings her work into dialogue with those philosophical views that are at center stage today-- in critical theory, communitarianism, virtue theory, and feminism.
This best-selling text continues to fill an existing gap in the literature taught in applied ethics courses. As a growing number of courses that include the perspectives of diverse cultures are being added to the university curriculum, texts are needed that represent more multicultural and diverse histories and backgrounds. This new edition enhances gender coverage, as nearly half of the pieces are now authored by women. The new edition also increases the percentage of pieces written by those who come from (...) a non-Western background. It offers twelve up-to-date articles on human rights, environmental ethics, poverty, war and violence, gender, race, euthanasia, and abortion; all of these topics are addressed from Western and non-Western perspectives. (shrink)
The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus and nonrefoulement, he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, (...) and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law. (shrink)
Children are the real victims of world hunger: at least 70% of the malnourished people of the world are children. By best estimates forty thousand children a day die of starvation (FAO 1989: 5). Children do not have the ability to forage for themselves, and their nutritional needs are exceptionally high. Hence, they are unable to survive for long on their own, especially in lean times. Moreover, they are especially susceptible to diseases and conditions which are the staple of undernourished (...) people: simple infections and simple diarrhea (UNICEF 1993: 22). Unless others provide adequate food, water, and care, children will suffer and die (WHO 1974: 677, 679). This fact must frame any moral discussions of the problem. And so it does — at least pre-philosophically. When most of us first see pictures of seriously undernourished children, we want to help them, we have a sense of responsibility to them, we feel sympathy toward them (Hume 1978: 368-71). Even those who think we needn't or shouldn't help the starving take this initial response seriously: they go to great pains to show that this sympathetic response should be constrained. They typically claim that assisting the hungry will demand too much of us, or that assistance would be useless and probably detrimental. The efforts of objectors to undermine this natural sympathetic reaction would be pointless unless they saw its psychological force. We want to explain and bolster this sympathetic reaction — this conviction that those of us in a position to help are responsible to the.. (shrink)
Three medical ethicists take varied and often opposing stands on the ethical, social, and political issues that arise when religious and medical practices conflict. The interchange focuses on the tensions between the belief systems, institutional practices, and health-related decisions of Christian Scientists and those of a secularized medically oriented, broader society.
This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking (...) that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry. (shrink)
War has been a key topic of speculation and theorising ever since the invention of philosophy in classical antiquity. This anthology brings together the work of distinguished contemporary political philosophers and theorists who address the leading normative and conceptual issues concerning war. The book is divided into three parts: initiating war, waging war, and ending war. The contributors aim to provide a comprehensive introduction to each of these main areas of dispute concerning war. Each essay is an original contribution to (...) ongoing debates on various aspects of war and also provides a survey of the main topics in each subfield. Serving as a companion to the theoretical issues pertaining to war, this volume also is an important contribution to debates in political philosophy. It can serve as a textbook for relevant courses on war offered in philosophy departments, religious studies programs, and law schools. (shrink)
