Kant and the Law of War
Kant and the Law of War

Author: Arthur Ripstein

Publisher: Oxford University Press

Published: 2021-09-12

Total Pages:

ISBN-13: 0197604226

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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.

Kant and the End of War
Kant and the End of War

Author: Howard Williams

Publisher: Springer

Published: 2012-01-06

Total Pages: 223

ISBN-13: 023036022X

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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.

War and International Justice
War and International Justice

Author: Brian Orend

Publisher: Wilfrid Laurier Univ. Press

Published: 2010-10-30

Total Pages: 292

ISBN-13: 1554587638

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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.

Global Justice, Kant and the Responsibility to Protect
Global Justice, Kant and the Responsibility to Protect

Author: Heather Roff

Publisher: Routledge

Published: 2013-06-26

Total Pages: 214

ISBN-13: 1135105375

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This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.

The Oxford Handbook of Ethics of War
The Oxford Handbook of Ethics of War

Author: Seth Lazar

Publisher: Oxford University Press

Published: 2018-01-12

Total Pages: 496

ISBN-13: 0199944393

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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.

Kant and the Law of Peace
Kant and the Law of Peace

Author: C. Covell

Publisher: Springer

Published: 1998-03-04

Total Pages: 245

ISBN-13: 0230501869

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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.

The Cambridge Companion to Kant and Modern Philosophy
The Cambridge Companion to Kant and Modern Philosophy

Author: Paul Guyer

Publisher: Cambridge University Press

Published: 2006-01-30

Total Pages: 760

ISBN-13: 1139827030

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The philosophy of Immanuel Kant is the watershed of modern thought, which irrevocably changed the landscape of the field and prepared the way for all the significant philosophical movements of the nineteenth and twentieth centuries. This 2006 volume, which complements The Cambridge Companion to Kant, covers every aspect of Kant's philosophy, with a particular focus on his moral and political philosophy. It also provides detailed coverage of Kant's historical context and of the enormous impact and influence that his work has had on the subsequent history of philosophy. The bibliography also offers extensive and organized coverage of both classical and recent books on Kant. This volume thus provides the broadest and deepest introduction currently available on Kant and his place in modern philosophy, making accessible the philosophical enterprise of Kant to those coming to his work for the first time.

War as Paradox
War as Paradox

Author: Youri Cormier

Publisher: McGill-Queen's Press - MQUP

Published: 2016-11-01

Total Pages: 315

ISBN-13: 0773548505

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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.

The Public Uses of Coercion and Force
The Public Uses of Coercion and Force

Author: Ester Herlin-Karnell

Publisher: Oxford University Press

Published: 2021-07-16

Total Pages: 361

ISBN-13: 0197519121

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The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.