Kant And The Law Of War
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Kant And The Law Of War
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Author : Arthur Ripstein
language : en
Publisher: Oxford University Press
Release Date : 2021
Kant And The Law Of War written by Arthur Ripstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"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"--
The Public Uses Of Coercion And Force
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Author : Ester Herlin-Karnell
language : en
Publisher: Oxford University Press
Release Date : 2021
The Public Uses Of Coercion And Force written by Ester Herlin-Karnell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional law categories.
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.
Kant And The Law Of Peace
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Author : C. Covell
language : en
Publisher: Springer
Release Date : 1998-03-04
Kant And The Law Of Peace written by C. Covell and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-04 with Philosophy categories.
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.
War And International Justice
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Author : Brian Orend
language : en
Publisher: Wilfrid Laurier Univ. Press
Release Date : 2010-10-30
War And International Justice written by Brian Orend and has been published by Wilfrid Laurier Univ. Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-30 with Philosophy categories.
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.
A Moral Military
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Author : Sidney Axinn
language : en
Publisher: Temple University Press
Release Date : 2009
A Moral Military written by Sidney Axinn and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Philosophy categories.
In this new edition of the classic book on the moral conduct of war, Sidney Axinn provides a full-length treatment of the military conventions from a philosophical point of view. Axinn considers these basic ethical questions within the context of the laws of warfare: Should a good soldier ever disobey a direct military order? Are there restrictions on how we fight a war? What is meant by “military honor,” and does it really affect the contemporary soldier? Is human dignity possible under battlefield conditions? Axinn answers “yes” to these questions. His objective in A Moral Military is to establish a basic framework for moral military action and to assist in analyzing military professional ethics. He argues for the seriousness of the concept of military honor but limits honorable military activity by a strict interpretation of the notion of war crime. With revisions and expansions throughout, including a new chapter on torture, A Moral Military is an essential guide on the nature of war during a time when the limits of acceptable behavior are being stretched in new directions.
The Rights Of War And Peace
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Author : Richard Tuck
language : en
Publisher: OUP Oxford
Release Date : 2001-09-06
The Rights Of War And Peace written by Richard Tuck and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-06 with Political Science categories.
The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.
Kant And The End Of War
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Author : Howard Williams
language : en
Publisher: Springer
Release Date : 2012-01-06
Kant And The End Of War written by Howard Williams and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-06 with Political Science categories.
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.
Rules For Wrongdoers
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Author : Arthur Ripstein
language : en
Publisher: Oxford University Press
Release Date : 2021
Rules For Wrongdoers written by Arthur Ripstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Just war doctrine categories.
"Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the central wrong of war is that war is the condition which force decides, Ripstein contends that the law and morality of war are in fact aligned; the rules governing the conduct of hostilities must apply equally to parties in the right and parties in the wrong in an armed conflict, because the prohibitions outlined in the rules governing war are prohibitions that restrain war. Ripstein's method of analysis and the substantive argument he puts forward offer an opportunity for rigorous critical engagement in subsequent essays by commentators Hathaway, Kutz, and McMahan, followed by a response from Ripstein"--
The Public Uses Of Coercion And Force
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Author : Ester Herlin-Karnell
language : en
Publisher:
Release Date : 2021
The Public Uses Of Coercion And Force written by Ester Herlin-Karnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional law categories.
"The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. 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. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: 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 at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--
Kant And The Law Of Peace
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Author : Charles Covell
language : en
Publisher:
Release Date : 1998
Kant And The Law Of Peace written by Charles Covell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Philosophy categories.
In Kant and the Law of Peace, Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of his treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained 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 in the view he took of the foundations of the law that was to make for peace in the international sphere. In the conclusion to the book, Kant and his law of peace are considered in relation to the condition of contemporary international society. Here, it is suggested that while Kant stands in the liberal tradition in international thought and practice, the tradition of liberalism he represents is rather more at odds with current trends in present international society than is sometimes supposed.