Kant And The Law Of War
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| Author | : Arthur Ripstein |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 019760420X |
"The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the 17th century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant's moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs the permissible use of force because of wars distinctive immorality. He characterizes war as barbaric, because in war might makes right - which side prevails does not depend on who is in the right. The very thing that makes war wrongful also provides the appropriate standard for evaluating the conduct of war, and the only basis for law governing war"--
| Author | : Howard Williams |
| Publisher | : Springer |
| Total Pages | : 223 |
| Release | : 2012-01-06 |
| Genre | : Political Science |
| ISBN | : 023036022X |
The paperback edition (published in 2016) includes a new preface with a discussion of recent examples. Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment. This book brings the ideas of his critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the fore by the 2003 war in Iraq. The book critiques the tradition of just war thinking and suggests how international law and international relations can be viewed from an alternative perspective that aims at a more pacific system of states. Instead of seeing the theory of just war as providing a stabilizing context within which international politics can be carried out, Williams argues that the theory contributes to the current unstable international condition. The just war tradition is not the silver lining in a generally dark horizon but rather an integral feature of the dark horizon of current world politics. Kant was one of the first and most profound thinkers to moot this understanding of just war reasoning and his work remains a crucial starting point for a critical theory of war today.
| Author | : Brian Orend |
| Publisher | : Wilfrid Laurier Univ. Press |
| Total Pages | : 283 |
| Release | : 2010-10-30 |
| Genre | : Philosophy |
| ISBN | : 1554587638 |
Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.
| Author | : Arthur Ripstein |
| Publisher | : Oxford University Press |
| Total Pages | : |
| Release | : 2021-09-12 |
| Genre | : Law |
| ISBN | : 0197604226 |
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
| Author | : Otfried Höffe |
| Publisher | : Cambridge University Press |
| Total Pages | : 16 |
| Release | : 2006-02-13 |
| Genre | : History |
| ISBN | : 0521534089 |
| Author | : Howard Williams |
| Publisher | : Springer |
| Total Pages | : 223 |
| Release | : 2012-01-06 |
| Genre | : Political Science |
| ISBN | : 023036022X |
The paperback edition (published in 2016) includes a new preface with a discussion of recent examples. Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment. This book brings the ideas of his critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the fore by the 2003 war in Iraq. The book critiques the tradition of just war thinking and suggests how international law and international relations can be viewed from an alternative perspective that aims at a more pacific system of states. Instead of seeing the theory of just war as providing a stabilizing context within which international politics can be carried out, Williams argues that the theory contributes to the current unstable international condition. The just war tradition is not the silver lining in a generally dark horizon but rather an integral feature of the dark horizon of current world politics. Kant was one of the first and most profound thinkers to moot this understanding of just war reasoning and his work remains a crucial starting point for a critical theory of war today.
| Author | : Ester Herlin-Karnell |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2021 |
| Genre | : Constitutional law |
| ISBN | : 0197519105 |
A semi-Kantian just war theory / Yitzhak Benbaji -- Might and right : Ripstein, Kant and the paradox of peace / Rainer Forst -- Reading Kant's Rechtslehre: some observations on Ripstein's Kant and the law of war / Thomas Mertens -- The moral basis of state independence / Anna Stilz -- Vulnerability, space, communication : three conditions of adequacy for cosmopolitan right / Peter Niesen -- Three models of territory : Arthur Ripstein on the territorial rights of states / Alice Pinheiro Walla -- A Kantian defense of remedial wars / Alon Harel -- National defense and the value of independence / Massimo Renzo -- Exactitude and indemonstrability in Kant's doctrine of right / Katrin Flikschuh -- The right to wage private wars of subsistence : its nature, grounds, and place in revisionist just war theories / Johan Oltsthoorn -- Between wormholes and blackholes : a Kantian (Ripsteinian) account of human rights in war / Aravind Ganesh -- Kant and the criminal law of war / Malcolm Thorburn -- EU solidarity as collective self-defense? : constitutionalism and the public uses of force / Ester Herlin-Karnell -- Europe's cosmopolitan union : a Kantian reading of EU internal market law and the refugee crisis / Bertjan Wolthuis and Luigi Corrias -- From constitutionalism to war-and back again : a reply / Arthur Ripstein.
| Author | : C. Covell |
| Publisher | : Springer |
| Total Pages | : 245 |
| Release | : 1998-03-04 |
| Genre | : Philosophy |
| ISBN | : 0230501869 |
Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.
| Author | : Seth Lazar |
| Publisher | : Oxford University Press |
| Total Pages | : 496 |
| Release | : 2018-01-12 |
| Genre | : Philosophy |
| ISBN | : 0199944393 |
Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
| Author | : Youri Cormier |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 315 |
| Release | : 2016-11-01 |
| Genre | : Philosophy |
| ISBN | : 0773548505 |
Two centuries after Carl von Clausewitz wrote On War, it lines the shelves of military colleges around the world and even showed up in an Al Qaeda hideout. Though it has shaped much of the common parlance on the subject, On War is perceived by many as a “metaphysical fog,” widely known but hardly read. In War as Paradox, Youri Cormier lifts the fog on this iconic work by explaining its philosophical underpinnings. Building up a genealogy of dialectical war theory and integrating Hegel with Clausewitz as a co-founders of the method, Cormier uncovers a common logic that shaped the fighting doctrines and ethics of modern war. He explains how Hegel and Clausewitz converged on method, but nonetheless arrived at opposite ethics and military doctrines. Ultimately, Cormier seeks out the limits to dialectical war theory and explores the greater paradoxes the method reveals: can so-called “rational” theories of war hold up under the pressures of irrational propositions, such as lone-wolf attacks, the circular logic of a “war to end all wars,” or the apparent folly of mutually assured destruction? Since the Second World War, commentators have described war as obsolete. War as Paradox argues that dialectical war theory may be the key to understanding why, despite this, it continues.
