Just and Unjust Warriors
The Moral and Legal Status of Soldiers
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 July 2008
- ISBN 9780199233120
- Binding Hardback
- No. of pages272 pages
- Size 241x169x21 mm
- Weight 561 g
- Language English 0
Categories
Short description:
Can a soldier be held responsible for fighting in a war that is illegal or unjust? The chapters in the book both challenge and defend many deeply held assumptions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality.
MoreLong description:
Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed.
This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life.
This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
This volume is excellent. It is comprehensive and informative. Just and Unjust Warriors mostly delivers on its promise of tightly argued chapters that respond to each other. It gives us more to think about and is accessible to a wide audience. Even though it will be more interesting to those readers with some background in just war theory, it is also recommended for those who want simply to think seriously about the moral rules applicable to war.
Table of Contents:
Introduction
The Morality of War and the Law of War
The Moral Inequality of Soldiers: Why Jus in Bello Asymmetry is Half Right
Fearful Symmetry
Do We Need a "Morality of War"?
How to Judge Soldiers Whose Cause in Unjust
Moral equality, victimhood and the sovereignty symmetry problem
The Status of Combatants
Is the Independent Application of Jus in Bello the way to Limit War?
Just War and Regular War: Competing Paradigms
A Presumption of the Moral Equality of Combatants: a Citizen Soldier' Perspective
The Principle of Equal Application of the Laws of War
