Violations of ethical conductThis article is about torture, power and the breach of ethical conduct among military doctors, nurses and medics in the “War on Terror”. Violations of ethical conduct have been widely recounted in academic and non-academic journals and reports.1 This paper is also a call to international boards of doctors and nurses to intervene directly to stop abuses undertaken by US military healthcare providers under the guise of the War on Terror. With evidence growing that US military and (...) security services are actively engaged in the ill treatment, torture and deaths of suspects, details about the participation of healthcare professionals in such unlawful and unethical activities remain for the most part timidly accounted for. But according to current literature on this topic, there is increasing evidence that US doctors, nurses and medics have been complicit in torture and other unethical activities in Afghanistan, Iraq and Guantanamo Bay .2–4The US government has inadequately dealt with these facts. Senior officials in the Bush administration who have played a major part in conducting the War on Terror have been either promoted or asked to remain in their posts. More seriously, despite worldwide condemnation of the reality behind the photos, allegations of torture continue at Guantanamo Bay, Cuba.5 The graphic and appalling nature of several photographs are by no means the only evidence of abuses conducted by the US on its own territory and abroad. But the complicity of healthcare professionals in many venues , such as in capital punishment procedures in the US, exacerbates the already disturbing extent of bio-political abuses by the US government.Doctors and nurses often top the polls as caring and trustworthy professionals.6 Indeed, so strong …. (shrink)

When faced with security threats from terrorism and other forms of nonstate political violence, how should liberal-democratic states respond? Finlay discusses books by Tamar Meisels, Seumas Miller, and Timothy Shanahan.

Cyber warfare differs from traditional forms of conflicts, both in the instruments used—computers—and in the environment in which it is conducted—the virtual world of the internet and other data communication networks.The purpose of the commentary is to discuss whether, even in cyber warfare, the concept of ‘direct participation in hostilities’ is still operative, with special reference to the laws related to it, and to assess its consequences with regard to the law of armed conflict. In particular, I will consider whether (...) in cyber warfare the distinction between lawful combatant and unprivileged combatant is still valid. Standing on the premises that this distinction does not apply to non-military combatants in the cyber domain and that any civilian who is taking part in cyber warfare takes direct part in the hostilities as an unlawful cyber combatant, this commentary dwells on the concept of continuous combat function and applies it to cyber combatants. This will offer the ground to .. (shrink)

Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and ethical conduct. Aside (...) from technical challenges of ensuring ethical conduct in artificial intelligence and robotics, there are moral questions about the desirability of replacing human functions and the human mind with such technology. How will artificial intelligence and robotics engage in moral reasoning in order to act ethically? Is there a need for a new set of moral rules? What happens to human interaction when it is mediated by technology? Should such technology be used to end human life? Who bears responsibility for wrongdoing or harmful conduct by artificial intelligence and robotics? -/- Whilst Kant may be familiar to international lawyers for setting restraints on the use of force and rules for perpetual peace, his foundational work on ethics provides an inclusive moral philosophy for assessing ethical conduct of individuals and states and, thus, is relevant to discussions on the use and development of artificial intelligence and robotics. His philosophy is inclusive because it incorporates justifications for morals and legitimate responses to immoral conduct, and applies to all human agents irrespective of whether they are wrongdoers, unlawful combatants, or unjust enemies. Humans are at the centre of rational thinking, action, and norm-creation so that the rationale for restraints on methods and means of warfare, for example, is based on preserving human dignity as well as ensuring conditions for perpetual peace among states. Unlike utilitarian arguments which favour use of autonomous weapons on the basis of cost-benefit reasoning or the potential to save lives, Kantian ethics establish non-consequentialist and deontological rules which are good in themselves to follow and not dependent on expediency or achieving a greater public good. -/- Kantian ethics make two distinct contributions to the debate. First, they provide a human-centric ethical framework whereby human exist- ence and capacity are at the centre of a norm-creating moral philosophy guiding our understanding of moral conduct. Second, the ultimate aim of Kantian ethics is practical philosophy that is relevant and applicable to achieving moral conduct. -/- I will seek to address the moral questions outlined above by exploring how core elements of Kantian ethics relate to use of artificial intelli- gence and robotics in the civilian and military spheres. Section 2 sets out and examines core elements of Kantian ethics: the categorical imperative; autonomy of the will; rational beings and rational thinking capacity; and human dignity and humanity as an end in itself. Sections 3-7 consider how these core elements apply to artificial intelligence and robotics with discussion of fully autonomous and human-machine rule-generating approaches; types of moral reasoning; the difference be- tween ‘human will’ and ‘machine will’; and respecting human dignity. (shrink)

With the escalation of terrorism worldwide in recent years, situations arise in which the perpetration of violence and the defense of human rights come into conflict, creating serious ethical problems. The Geneva Convention provides guidelines for the medical treatment of enemy wounded and sick, as well as prisoners of war. However, there are no comparable provisions for the treatment of terrorists, who can be termed unlawful combatants or unprivileged belligerents. Two cases of severely injured terrorists are presented here to (...) illustrate the dilemmas facing the medical staff that treated them. It is suggested that international legal and bioethical guidelines are required to define the role of the physician and auxiliary medical staff vis a vis injured terrorists. There are extreme situations where the perpetration of violence and the defense of human rights come into conflict, leading to serious ethical and psychological discord. Terrorists, using violence to create fear in order to further their political objectives, might require life-saving medical care if injured during the course of their terror activities. (shrink)

In recent years, the growing number of persons to whom basic human rights have been explicitly denied—stateless persons, refugees, undocumented workers, sans papiers and unlawful combatants—has evidenced the logic of contemporary nation-state politics. According to this logic, the state defines itself by virtue of what it excludes while what is excluded is given no other recourse than the state for its protection. Hannah Arendt elucidates this logic when she observes that the stateless and the refugee can only be recognized (...) as human beings when they have already been recognized as citizens. Their appeal to human rights for protection was fruitless because they needed to have citizen rights, the recognition of a government, or of other citizens who can appeal to that government, in order to invoke these rights. In the terms Arendt uses to name political action, one needs to be seen and heard already, the privileges of those who are citizens, in order to appeal to be seen and heard. Just as political life (bios), in order to be free, was only possible once the necessities were accounted for in natural life (zoē), so citizenship is recognized to the exclusion of the non-citizen, that is, the merely human. -/- . (shrink)

Preface 1. Fighting Terrorism 1:1. A new Discourse on War? 1:2. Richard Rorty and the Ethics of War 2. Etiquettes of Atrocity 2:1. Etiquettes of Atrocity 2:2. Discourses on War 2:3. Keeping the discourse: the United States and Vietnam 2.4. Carl Schmitt and the theory of the Partisan 3. Changing the Discourse 3:1 Germany and the Eastern Front 1941-5 3:2 France and Algeria 1955-8 3:3 Israel and the Intifada 3:4 Conclusion 4. A New Discourse? 4:1. The War on Terror -- (...) Is it a War? 4:2. Excluding Unlawful Combatants 4:3. Network Warfare 4:4. Networked Ethics 5. Grammars of Killing 5:1 Grammars of Killing 5:2 Respecting our enemies 5: 3 Non-Lethal Weapons 6. The Unconditional Imperative 6:1 Jaspers and the Warrior Ethos 6:2 The Micromanagement of the Battlefield 6:3 Corporate Warriors? 6:4 Asimov's Children 7. Back to the Greeks 7:1 Back to the Greeks? 7:2 Simone Weil and The Iliad 7:3 Thucydides and the Melian Dialogue 7:4 What's he to Hecuba? 8 The Heuristics of Fear. (shrink)

Background Post-September 11, 2001, the U.S. government has labeled thousands of Afghan war detainees "unlawful combatants". This label effectively deprives these detainees of the protection they would receive as "prisoners of war" under international humanitarian law. Reports have emerged that indicate that thousands of detainees being held in secret military facilities outside the United States are being subjected to questionable "stress and duress" interrogation tactics by U.S. authorities. If true, American military physicians could be inadvertently becoming complicit in detainee (...) abuse. Moreover, the American government's openly negative views towards such detainees could result in military physicians not wanting to provide reasonable care to detainees, despite it being their ethical duty to do so. Discussion This paper assesses the physician's obligations to treat war detainees in the light of relevant instruments of international humanitarian law and medical ethics. It briefly outlines how detainee abuse flourished in apartheid South Africa when state physicians became morally detached from the interests of their detainee patients. I caution U.S physicians not to let the same mindset befall them. I urge the U.S. medical community to advocate for detainee rights in the U.S, regardless of the political culture the detainee emerged from. I offer recommendations to U.S physicians facing dual loyalty conflicts of interest in the "war on terror". Summary If U.S. physicians are faced with a conflict of interest between following national policies or international principles of humanitarian law and medical ethics, they should opt to adhere to the latter when treating war detainees. It is important for the U.S. medical community to speak out against possible detainee abuse by the U.S. government. (shrink)

:In his famous book Just and Unjust Wars, Michael Walzer articulates a thesis he calls the “Moral Equality of Soldiers,” namely, the principle that combatants have an equal right to kill other combatants in war, regardless of the justice of the cause for which they are fighting. The Moral Equality Thesis, as I shall call it, is an essential component of traditional Just War Theory, in that it provides the basis for distinguishing the jus in bello from the jus ad (...) bellum. It also plays a crucial role in identifying the nature of the difference between combatants and civilians. The Moral Equality Thesis has recently come under attack by scholars of Just War Theory, notably philosopher Jeff McMahan, on the grounds that killing for immoral purposes cannot be justified, and so it cannot be true that combatants all have an equal right to kill, regardless of the justice of their cause. In this essay, I defend the Moral Equality Thesis in its traditional formulation. Without it, I argue, the rule of law would not apply in war. The failure to recognize the equal right of combatants to kill in war, I suggest, creates an inconsistency between the rules of war and basic concepts in the law and morality of self-defense, an inconsistency that McMahan himself would think undesirable. I argue that McMahan’s argument applies more compellingly to armed conflict in asymmetrical warfare. Arguably, the Moral Equality Thesis does not apply in an armed conflict between combatants and unlawful combatants. In that context, the divergence from the law and morality of self-defense is less of a concern. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

With the escalation of terrorism worldwide in recent years, situations arise in which the perpetration of violence and the defense of human rights come into conflict, creating serious ethical problems. The Geneva Convention provides guidelines for the medical treatment of enemy wounded and sick, as well as prisoners of war. However, there are no comparable provisions for the treatment of terrorists, who can be termed unlawful combatants or unprivileged belligerents. Two cases of severely injured terrorists are presented here to (...) illustrate the dilemmas facing the medical staff that treated them. It is suggested that international legal and bioethical guidelines are required to define the role of the physician and auxiliary medical staff vis a vis injured terrorists. There are extreme situations where the perpetration of violence and the defense of human rights come into conflict, leading to serious ethical and psychological discord. Terrorists, using violence to create fear in order to further their political objectives, might require life-saving medical care if injured during the course of their terror activities. (shrink)

Background Post-September 11, 2001, the U.S. government has labeled thousands of Afghan war detainees "unlawful combatants". This label effectively deprives these detainees of the protection they would receive as "prisoners of war" under international humanitarian law. Reports have emerged that indicate that thousands of detainees being held in secret military facilities outside the United States are being subjected to questionable "stress and duress" interrogation tactics by U.S. authorities. If true, American military physicians could be inadvertently becoming complicit in detainee (...) abuse. Moreover, the American government's openly negative views towards such detainees could result in military physicians not wanting to provide reasonable care to detainees, despite it being their ethical duty to do so. Discussion This paper assesses the physician's obligations to treat war detainees in the light of relevant instruments of international humanitarian law and medical ethics. It briefly outlines how detainee abuse flourished in apartheid South Africa when state physicians became morally detached from the interests of their detainee patients. I caution U.S physicians not to let the same mindset befall them. I urge the U.S. medical community to advocate for detainee rights in the U.S, regardless of the political culture the detainee emerged from. I offer recommendations to U.S physicians facing dual loyalty conflicts of interest in the "war on terror". Summary If U.S. physicians are faced with a conflict of interest between following national policies or international principles of humanitarian law and medical ethics, they should opt to adhere to the latter when treating war detainees. It is important for the U.S. medical community to speak out against possible detainee abuse by the U.S. government. (shrink)

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to (...) avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

This article contends that in crucial respects effective soldiers are ethical soldiers, that good soldiers in the military sense are good soldiers in the moral sense, and that this is so for quite traditional reasons. The thesis is defended by identifying and then resolving basic paradoxes regarding what soldiers must be trained to do or be, e.g.: be trained to kill but also not to be brutal; be trained to react in combat situations almost automatically but also to deliberate and (...) decide if a command is unlawful; as peacekeepers, be trained to be impartial but also to know right from wrong and be firmly committed to upholding the former and opposing the latter. It is shown that contradictory things are not really thus being called for. With the aid of a blend of deontology and virtue theory, it is argued that certain standard qualities of effective soldiers have an associated moral dimension. For example, true military courage implies an unwillingness to engage in cruelty; the self‐control on which success of missions depends implies eschewing motives of personal vengeance; and the capacity for comprehending complex equipment and data implies a mentality for assessing the validity of orders. (shrink)

This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted states (...) to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society. (shrink)

O objetivo do artigo é analisar a condução da política externa estadunidense com a China, entre 1890 e 1909, tomando como referencial a interpretação historiográfica dos autores revisionistas William Appleman Williams e Walter LaFeber. Propõe-se que o “anticolonialismo imperial” engendrado pelos Estados Unidos no processo de disputa pela abertura do mercado chinês está na origem dos conflitos com as tradicionais potências imperialistas. O trabalho explora, portanto, a tese historiográfica revisionista segundo a qual a política externa norte-americana radicada nos princípios da (...) “Open Door Policy” é fundamental para a compreensão de antagonismos que contribuíram para a Guerra Fria.The aim of the article is to analyze the conduct of US foreign policy with China between 1890 and 1909, taking as reference the historiographical interpretation of the revisionist authors William Appleman Williams and Walter LaFeber. It is proposed that the "imperial anticolonialism" engendered by the United States in the process of dispute over the opening of the Chinese market is at the origin of conflicts with the traditional imperialist powers. The paper thus explores the revisionist historiographical thesis that US foreign policy rooted in the principles of the Open Door Policy is fundamental to understanding the antagonisms that contributed to the Cold War. Resumen El objetivo del artículo es analizar la conducción de la política exterior estadounidense con China, entre 1890 y 1909, tomando como referencial la interpretación historiográfica de los autores revisionistas William Appleman Williams y Walter LaFeber. Se propone que el "anticolonialismo imperial" engendrado por Estados Unidos en el proceso de disputa por la apertura del mercado chino es el origen de los conflictos con las tradicionales potencias imperialistas. El trabajo explora, por lo tanto, la tesis historiográfica revisionista según la cual la política exterior norteamericana radicada en los principios de la "Open Door Policy" es fundamental para la comprensión de antagonismos que contribuyeron a la Guerra Fría. (shrink)

We are revolutionary offspring of indomitable spirit. We are born rebels. We came to this world to rebel against the bourgeoisie and carry the great proletarian revolutionary banner. Sons will justifiably succeed the power seized by their fathers' generation. This is called passing it on from generation to generation.

This article explores the necessary and jointly sufficient conditions for the recognition of a ground of unlawful discrimination. It is important not only to have a coherent understanding of the currently enumerated grounds, but also to have a theoretical framework that can assist in enumerating new grounds through the open-ended “other status” aspect of many legal frameworks. To that end, this article argues that personal characteristics that are generally morally irrelevant, and that are socially salient in that they carry (...) with them a prevalence of inequality-laden attitudes, amount to necessary and jointly sufficient conditions for recognizing a ground of unlawful discrimination. Other conditions, such as immutability and the presence of relative group disadvantage, will be assessed and dismissed as contingent but not necessary conditions. (shrink)

Over that last several decades the ethics of war has grown into a major subfield in philosophy at the same time as large literatures have developed on the relation between gender and war as well as feminist approaches to the ethics of war. This article aims to contribute to these literatures and to bring them into closer contact. It argues that canonical just war theorists such as Grotius, Pufendorf, Vattel, and Walzer rely on appeals to masculinity to help ground the (...) obligations of soldiers to participate in war upon command. This appeal helps them overcome their otherwise weak arguments for the political subordination of soldiers, or what I call the Internal Problem of the soldier. It also helps explain a problem that has vexed contemporary ethics of war scholars, namely, the supposed equal right to kill combatants in war, or what I call the External Problem of the soldier. If this is true, then just war theorists should be much more concerned with the gender and war literature and find common ground with feminists who have treated the problem of the political standing of soldiers as a philosophical priority. (shrink)

Contra Michael Walzer and Jeff McMahan, neither classical just war theory nor the contemporary rules of war require or support any notion of combatant moral equality. Nations rightly accept prohibitions against punishing enemy combatants without recognizing any legal or moral right of aggressors to kill. The notion of combatant moral equality has real import only in our interpersonal -- and intrapersonal -- attitudes, since the notion effectively preempts any ground for conscientious objection. Walzer is criticized for over-emphasizing our (...) collective responses to war conduct and slighting our personal, extra-political responses. (shrink)

Combating and overcoming corruption in business and in political affairs is one of the most important issues facing business and professional ethics in the 21st century. That corruption exists is a fact. That corruption is widespread and spreading is a commonperception. Many believe that corruption is culturally induced. Some believe corruption to be so much a part of the fabric of some societies as to be unquestioned and unassailable. Or, is it simply a myth that corruption is a matter of (...) culture? (shrink)

Le présent volume propose une cartographie de la recherche linguistique menée au Québec, avec beaucoup de dynamisme, entre 1960 et 2000. Les années 60 correspondent à une phase d'institutionnalisation de la discipline; l'an 2000 représente une rupture symbolique avec le XXe siècle et laisse un laps de temps raisonnable pour prendre un certain recul. Le livre présente ainsi une étude de cas sur l'histoire institutionnelle de la linguistique, qui fait écho à l'ouvrage éponyme Combats pour la linguistique, de Martinet à (...) Kristeva. Essai de dramaturgie épistémologique (2006) de J.-C. Chevalier et P. Encrevé. Les huit chapitres, qui forment l'ouvrage, font état des recherches réalisées pendant quatre décennies en sémantique, en lexicologie, en lexicographie, en phonologie, en grammaire et en sociolinguistique. Ils s'attardent aux filiations de la discipline avec le passé, à ses questionnements, ses acquis et ses legs ainsi qu'à ses limites, ses obstacles et ses déceptions. Ils se veulent un aide-mémoire pour les générations futures. Ce livre constitue de plus un apport aux études épistémologiques consacrées à l'évolution des méthodologies, des courants et des écoles linguistiques au XXe siècle. (shrink)

Arguably, STEM undergraduate education has narrowed student engagement with the social, ethical, and global. Our paper argues that disengagement is caused by a failure of moral imagination. We propose socio-technical analysis as the cornerstone to a more inclusive approach to STEM education. It promotes four activities: (1) zooming in on technologies by describing their structure, function, and embedded values; (2) zooming out to the surrounding socio-technical system which constrains and enables the technology’s functioning; (3) moving back-and-forth through Appropriate Technology to (...) assess the fit of the technology to its socio-technical surroundings; and (4) using the capability approach to finish the (re)engagement process. We then look at graduate and undergraduate student work that has successfully used our framework to combat disengagement and conclude by discussing materials we have used to assess student engagement. (shrink)

Moral injury, the experience of having acted incommensurably with one's most deeply held moral conceptions, is increasingly recognized by the mental health disciplines to be associated with postcombat traumatic stress. In this essay I argue that moral injury is an important and useful clinical construct but that the phenomenon of moral injury beckons beyond the structural constraints of contemporary psychology toward something like moral theology. This something, embodied in specific communal practices, can rescue moral injury from the medical model and (...) the means—end logic of techne and can allow for truthful, contextualized narration of and healing from morally fragmenting combat experiences. (shrink)

The principle of non-combatant immunity holds that it is impermissible to intentionally target non-combatants in war, even if they belong to the ‘unjust side’ of a war. This principle is traditionally defended by the claim that non-combatants are materially innocent: that, unlike combatants, non-combatants do not threaten. But this view is prima facie implausible. Non-combatants often contribute to their country’s war effort. More recent defences of the PNI therefore seek to show that a non-combatant is not liable to (...) be killed even if she contributes to her country’s war effort. This... (shrink)

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the (...) end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law. (shrink)

Plato’s pronouncements about political freedom in the Laws have sparked renewed interest in the literature. The present paper takes a new angle on that vexed question. It focusses on Plato’s account of the birth of unlawful freedom, or ‘theatrocracy’, at the end of book 3. By studying the transition from moderate to excessive freedom, it wishes to shed light on what sets the two apart. The paper provides a causal analysis of the key passage, suggesting four compatible and complementary (...) explanations for the process it describes. The first is presented as the main one, but it is made more likely by the addition of the three others. (shrink)

To date, 1.7 million US military service personnel have been deployed to Iraq and Afghanistan. Of those, one in five are suffering from diagnosable combat-stress related psychological injuries including Posttraumatic Stress Disorder (PTSD). All indications are that the mental health toll of the current conflicts on US troops and the medical systems that care for them will only increase. Against this backdrop, research suggesting that the common class of drugs known as beta-blockers might prevent the onset of PTSD is drawing (...) much interest. I urge caution against accepting too quickly the use of beta-blockers for dealing with the psychological injuries that combat experiences can wreak. Beta-blockers are thought to work by disrupting the formation of emotionally disturbing memories that typically occur in the wake of traumatic events and that in some people manifest as PTSD. Focusing on a single dimension of soldiers' experience in combat, namely, their perpetration of other-directed violence, I argue that some of the emotional memories blunted by beta-blockers play important roles in the recovery of moral aspects of soldiers' selves damaged by experiences of combat violence — specifically, in the achievement of a state of grace— and, therefore, that the use of beta-blockers may come with distinct moral costs. (shrink)

JOHN GARDNER; Liberals and Unlawful Discrimination, Oxford Journal of Legal Studies, Volume 9, Issue 1, 1 March 1989, Pages 1–22, https://doi.org/10.1093/ojls/9.

Combating Hatred provides several practical case studies of teachers, administrators, and school board members who have successfully combated intolerance, prejudice, and hatred in their schools. Furin details innovative ways used in the case studies to create communities that sought the highest social justice values of respect and equality for everyone.

In his discussion of Roman military institutions Polybius described how the desire for fame might inspire Roman soldiers to heroic feats of bravery, including single combat: τ δ μέγιστον, ο νέοι παρορμνται πρς τ πν πομένειν πρ τν κοινν πραγμάτων χάριν το τυχεν τς συνακολουθούσης τος γαθος τν νδρν εκλείας. πίστιν δ' χει τ λεγόμενον κ τούτων. πολλο μν γρ μονο-μάχησαν κουσίως ωμαίων πρ τς τν λων κρίσεως κτλ. Modern scholars, however, have taken little notice of this remark and some (...) have tried to belittle the importance of single combat at Rome. Thus G. Dumézil alleged that the Romans fought few single combats and that this was significant for their outlook upon war, while R. Bloch described the duels in the seventh book of Livy as ‘un mode de combat absolument étranger à la tradition romaine, mail auquel les Romains ont été contraints par les habitudes et par les défis des Celtes’. W. V. Harris is the only scholar to have understood the importance of monomachy in the Roman Republic, but even he has not assembled all the evidence necessary for an accurate assessment of the phenomenon. This essay is intended to provide a full treatment and thus to make some contribution in a limited but interesting area to our understanding of Roman attitudes to warfare. I have included a list and discussion of all instances of single combat from the Roman Republic which I have discovered and have argued that the custom continued from prehistoric times at least to 45 b.c. (shrink)

Autonomous weapons systems (AWS), sometimes referred to as “killer robots”, are receiving evermore attention, both in public discourse as well as by scholars and policymakers. Much of this interest is connected with emerging ethical and legal problems linked to increasing autonomy in weapons systems, but there is a general underappreciation for the ways in which existing law might impact on these new technologies. In this paper, we argue that as AWS become more sophisticated and increasingly more capable than flesh-and-blood soldiers, (...) it will increasingly be the case that such soldiers are “in the power” of those AWS which fight against them. This implies that such soldiers ought to be considered hors de combat, and not targeted. In arguing for this point, we draw out a broader conclusion regarding hors de combat status, namely that it must be viewed contextually, with close reference to the capabilities of combatants on both sides of any discreet engagement. Given this point, and the fact that AWS may come in many shapes and sizes, and can be made for many different missions, we argue that each particular AWS will likely need its own standard for when enemy soldiers are deemed hors de combat. We conclude by examining how these nuanced views of hors de combat status might impact on meaningful human control of AWS. (shrink)

Contrary to what has been alleged, the moral equivalence of combatants (MEC) is not a doctrine that was expressly developed by the traditional theorists of just war. Working from the axiom that just cause is unilateral, they did not embrace a conception of public war that included MEC. Indeed, MEC was introduced in the early fifteenth century as a challenge to the then reigning just war paradigm. It does not follow, however, that the distinction between private and public war had (...) no place in the traditional teaching. Thomas Aquinas and his successors did not analyse just war by extrapolation from the related idea of self-defense. Rather, they likened just war to a legal proceeding that could solely be undertaken by persons possessed of legitimate authority. For this reason, just war was first and foremost public war. Private war was deemed ?war? only in a secondary and reduced sense of the term. It was accordingly understood that public war should be waged and its morality judged by reference to a set of norms that are not directly reducible to those governing private self (and other)-defense. (shrink)

Procurou-se, e esse foi o objetivo essencial, que este volume fosse marcado pelo discurso questionador e crítico de historiadores, de filósofos, de especialistas da ciência política, das ideias, do direito, da economia, da educação, da comunicação, da informação, das ciências, das artes. Surgiram assim interpretações, quadros, configurações e reconfigurações, ângulos de análise diversificados que fomentarão, por certo, uma reflexão viva dos leitores. É fundamental — continua a sê-lo — repensar e questionar campos temáticos à luz das análises teóricas e concetuais, (...) mas também dos processos, das dinâmicas, das relações, das potencialidades explicativas da nossa contemporaneidade. É assim que se entende este livro, com muitas contribuições, que vêm propiciar e enriquecer a reflexão sobre Outros Combates pela História. Combates pela História é, como se sabe, o título de um livro famoso de Lucien Febvre dos anos cinquenta. Através de uma recomposição, de novo se deu importância a todas as modalidades da História, mantendo, todavia, o sentido do rigor que era algo perseguido nos «combates pela História». Quer-se, pois, analisar o sentido da História, nas suas várias áreas. Contudo, ao propor-se este tema, não se desejou que os autores apresentassem tanto as suas investigações nas suas áreas próprias — embora elas estivessem subentendidas e devessem ser expressas —, mas que refletissem sobre o seu sentido no âmbito da História entendida como Ciência Social e Humana. Para tal, desejou-se que discutissem o objeto e o método da História das diversas áreas, equacionando os seus vários problemas. Foi isso que também sucedeu — estamos disso convencidos. Mas será o leitor, melhor do que ninguém, a ajuizá-lo. (shrink)

Just war theory has traditionally presupposed what Michael Walzer calls the moral equality of soldiers: that combatants on all sides have an equal right to kill, such that the soldier is not blameworthy for fighting for an unjust cause. The theory of moral equality has come under increasing attack by Jeff McMahan and others who argue that soldiers are responsible for killing for an unjust cause. I agree with McMahan that soldiers cannot be justified in serving injustice, such that there (...) is no full moral equality. Moreover, the common excuses of ignorance and duress cannot exculpate many soldiers. However, I argue that when one considers the force of legal authority and the bonds of patriotism, combined with ignorance and duress, most soldiers are excused. Because of the rarity of exceptions and the consequences of holding soldiers accountable, I conclude that we should presuppose the equal blamelessness of combatants. (shrink)

Just war theory has traditionally presupposed what Michael Walzer calls the moral equality of soldiers: that combatants on all sides have an equal right to kill, such that the soldier is not blameworthy for fighting for an unjust cause. The theory of moral equality has come under increasing attack by Jeff McMahan and others who argue that soldiers are responsible for killing for an unjust cause. I agree with McMahan that soldiers cannot be justified in serving injustice, such that there (...) is no full moral equality. Moreover, the common excuses of ignorance and duress cannot exculpate many soldiers. However, I argue that when one considers the force of legal authority and the bonds of patriotism, combined with ignorance and duress, most soldiers are excused. Because of the rarity of exceptions and the consequences of holding soldiers accountable, I conclude that we should presuppose the equal blamelessness of combatants. (shrink)

According to some, the combatant-noncombatant distinction has lost its relevance in today’s world. I examine two arguments to this effect. The first states that the distinction has become irrelevant when it categorizes children as combatants. I reply that the distinction has nothing to do with innocence or guilt, but with the degree to which a violent group poses a threat to others, even when it does so legitimately. The second argues that every civilian can be construed as a kind (...) of combatant, thus obliterating the distinction. My answer notes an error: states are representatives of citizens, not the other way around.My position in this paper is that individuals take on legitimate combatancy as a function of membership in an organization with legitimate combatancy. This paper attempts to construct a concept of the fighting organization that will allow us to determine the legitimate combatancy of such organizations. The three combatancy criteria I offer are military command structure, observance of the war convention, and representativeness. The first is a requirement for legitimate combatancy because it facilitates the prevention of ius in bello violations of the war convention and can enable the transition from war to diplomacy. My second criterion, the observance of the war convention, too, must be retained as a condition for legitimate combatancy: targeting noncombatants as a means of fighting the war certainly disqualifies organizations from potential POW status, and other ius in bello infractions might, as well. My third condition, representativeness, requires that fighters serve as moral proxies for a geographically contiguous, politically viable people in order to retain legitimate combatancy. If a fighting organization does not represent such a people, then it is a group of criminals rather than soldiers. (shrink)

L’auteur, qui se propose de publier, pour le bicentenaire de la naissance d’Édouard Reuss , sa correspondance avec Michel Nicolas , présente l’état de ces lettres inédites et les circonstances de leur rédaction. Il montre qu’elles éclairent l’élaboration de la production littéraire des deux protagonistes et l’évolution de la théologie protestante au XIX e siècle en France. Pour illustrer le combat commun des deux correspondants pour le progrès des sciences théologiques en France, il présente enfin les passages qui concernent le (...) projet de création d’une revue scientifique. Il suggère au passage l’influence insoupçonnée de M. Nicolas sur la théologie protestante française, en particulier sur l’évolution des sciences bibliques. The author, who proposes to publish, for the bicentennial of Edouard Reuss’ birth , his correspondence with Michel Nicolas , presents the state of these yet unpublished letters and the circumstances in which they were written. He shows that they enlighten the literary production of both protagonists and the evolution of French Protestant theology in the 19th century. To illustrate their common struggle for the advance of theological sciences in France, he presents at last passages which concern the project to create a scientific periodical. He also suggests the unsuspected influence of M. Nicolas on French Protestant theology, in particular on the evolution of biblical sciences. (shrink)

But if reason has no original influence, it is impossible it can withstand any principle which has such an efficacy, or ever keep the mind in suspense a moment. Thus, it appears, that the principle which opposes our passions cannot be the same with reason, and is only called so in an improper sense. We speak not strictly and philosophically, when we talk of the combat of passion and of reason.

A decent education is a basic human right. The provision of free, compulsory education in the US attests to a national commitment to this right. However, thecurrent school system is plagued by inequities, including spending less money on schools serving predominantly poor and non-White populations, subjectingstudents of color to harsher punishments, putting non-White students in special education tracks at higher rates, and neglecting students who are not fluent inEnglish. These inequities are taken for granted within the school system, making the (...) inevitable outcome, achievement gaps between White and non-Whitestudents, seem natural and inevitable. Bourdieu calls this process of making arbitrary differences seem natural “symbolic violence.” Two recent federalinterventions, No Child Left Behind and Race to the Top, have the potential to provide tools for combating this symbolic violence. However, each is designedaround flawed premises which inhibit that potential, which we explore in the context of teacher education. (shrink)

Scientists in anthropology, geography, and other fields within social sciences and humanities have long suggested that the environments in which people live deeply influence their cultural value systems and practices. Shota Shibasaki, Ryosuke Nakadai, and Yo Nakawake have built on this idea, demonstrating that local ecological characteristics shape the appearance of trickster animals in folklore. Based on their finding and the SM3D (Serendipity-Mindsponge-3D) knowledge management framework, we discuss how the individuals’ or groups’ ability to create cultural products depends on the (...) availability and accessibility of information from the surrounding environment. Due to biodiversity loss and climate change, such valuable resources for cultural creativity have been diminished. Thus, it is crucial to adopt biodiversity preservation and climate action as fundamental values of a progressive and humane culture. Only then can we continue to preserve and enhance the creative cultural capacity of society. (shrink)

This article examines two spheres of global governance in which the World Health Organization (WHO) has sought to exercise international leadership — combating “counterfeit” medicines and illicit trade in tobacco products. Medicines and tobacco products lie at polar opposite ends of the health spectrum, and are regulated for vastly different reasons and through different tools and approaches. Nevertheless, attempts to govern counterfeit trade in each of these products raise a host of somewhat similar challenges, involving normative and operational conflicts that (...) cut across the crowded intersection of health protection and promotion, intellectual property protection, and activity to combat transnational organized crime. As negotiations of an illicit trade protocol to the WHO Framework Convention on Tobacco Control enter their final stages, lessons learned from counterfeit medicines governance need to be applied to ensure that the most appropriate governance arrangements are adopted. (shrink)

One thing nearly all epistemologists agree upon is that Gettier cases are decisive counterexamples to the tripartite analysis of knowledge; whatever else is true of knowledge, it is not merely belief that is both justified and true. They now agree that knowledge is not justified true belief because this is consistent with there being too much luck present in the cases, and that knowledge excludes such luck. This is to endorse what has become known as the 'anti-luck platitude'. <br /><br (...) />But what if generations of philosophers have been mistaken about this, blinded at least partially by a deeply entrenched professional bias? There has been another, albeit minority, response to Gettier: to deny that the cases are counterexamples at all. <br /><br />Stephen Hetherington, a principal and vocal proponent of this view, advances what he calls the 'Knowing Luckily Proposal'. If Hetherington is correct, this would call for a major re-evaluation and re-orientation of post-Gettier analytic epistemology, since much of it assumes the anti-luck platitude both in elucidating the concept of knowledge, and in the application of such accounts to central philosophical problems. It is therefore imperative that the Knowing Luckily Proposal be considered and evaluated in detail. <br /><br />In this paper I critically assess the Knowing Luckily Proposal. I argue that while it draws our attention to certain important features of knowledge, ultimately it fails, and the anti-luck platitude emerges unscathed. Whatever else is true of knowledge, therefore, it is non-lucky true belief. For a proposition to count as knowledge, we cannot arrive at its truth accidentally or for the wrong reason. (shrink)

This article presents research on the scale of the phenomenon of sexual violence against students at selected 33 universities across Poland, the mechanisms used to combat the problem and the awareness of students on the subject. The study focuses on the practical dimension of combating sexual violence against students in the Polish academic environment. It looks at the existence and functioning of both specialised bodies and the procedures used to help the victims and punish the perpetrators. Additionally, the paper describes (...) how the diversity of available legal measures to address the problem by both helping the victims and holding perpetrators accountable creates the issue of the coexistence of two systems—criminal and intra-university. Presenting preliminary results of gathered opinions of universities’ officials regarding functioning of the bodies specialised in combating sexual violence shows not only the most dominant observations and conclusions the professionals have regarding the functions they hold at their home universities, but also main challenges that have to be considered in both creating sufficient policies in order to deal with sexual violence and conducting comprehensive research on said phenomenon. (shrink)

Un - combat amoureux - (Heidegger) ou une - lutte entre les penseurs - (Husserl) determine le destin de l'histoire de la philosophie. Au coeur du debat avec la phenomenologie francaise, cet ouvrage engage une veritable disputatio philosophique ancree sur ledit -tournant theologique de la phenomenologie francaise-. Assure que l'heure n'est plus au simple choc frontal, mais a un veritable dialogue et confrontation entre les disciplines, ce livre tente de montrer en quoi une -phenomenologie de la limite- peut aussi servir (...) de contrepoint a la -phenomenologie de la revelation-, et la tourner davantage vers une pensee de l'-i ncarnation- ou de l'-e xperience-. Jacques Derrida, Maurice Merleau-Ponty, Emmanuel Levinas, Jean-Luc Marion, Michel Henry, Jean-Louis Chretien, Jean-Yves Lacoste, Claude Romano et Jean Greisch, marquent les differents etapes de cette -traversee- point par point articulee, et en quete d'un respondeo a meme d'autrement decider.". (shrink)

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early claims about (...) its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

International law grants to legitimate combatants the right to kill enemy soldiers both in wars of aggression and defensive wars. A main argument in support of this “combatant’s privilege” is Michael Walzer’s doctrine of the “moral equality of soldiers.” The doctrine argues that soldiers fighting in wars of aggression and defensive wars have the same moral status because they both typically believe that justice is on their side, and their moral choices are equally severely restricted by the overwhelming coercive (...) powers of the state, including propaganda, conscription, and harsh penalties for the refusal to fight. Recently, this doctrine has been convincingly refuted, at least with regard to aggressor soldiers who are part of professional volunteer armies in democratic societies. However, Walzer’s critics have not challenged combatant’s privilege, primarily for a variety of pragmatic reasons. This paper examines these reasons, finds them not decisive, and articulates a modest proposal for denying, under some conditions, combatant’s privilege to aggressor soldiers, making their very participation in a war of aggression a war crime. It is concluded that unrestricted combatant’s privilege is in tension with the aim of the United Nations “to save succeeding generationsfrom the scourge of war.”. (shrink)