The Ethics of War and Peace An Introduction to Legal and Moral Issues

by Christopher, Paul

• ISBN13: 9780130923837
• ISBN10: 0130923834
• Edition: 3rd
• Format: Paperback
• Copyright: 2003-09-25
• Publisher: Pearson

Summary

Paul Christopher, a teacher who also served as a commissioned officer for over twenty-five years, has updated his classic, The Ethics of War and Peace. Christopher traces the historical development of just war reasoning, its incorporation into international laws concerning when and how to wage war, and certain shortcomings with existing laws and practices concerning the conduct of modern-day hostilities. New to this Edition: bull; bull;New chapter on terrorism and war. bull;Revised section on the Just War Tradition and weapons of mass destruction to reflect changes in technology. bull;New section on professional and humanitarian obligations, with special focus on the role of the United Nations.

Table of Contents

Preface	ix
INTRODUCTION	1	(6)
SECTION I THE JUST WAR TRADITION	7	(58)
Chapter 1 JUST WAR IN ANTIQUITY	8	(9)
The Just War Tradition in Ancient Rome	12	(2)
Topics for Further Discussion,	14	(3)
Chapter 2 CHRISTIANITY AND THE JUST WAR TRADITION	17	(12)
Early Christianity and Pacifism	19	(4)
Saint Ambrose	23	(4)
Topics for Further Discussion,	27	(2)
Chapter 3 SAINT AUGUSTINE AND THE TRADITION OF JUST WAR	29	(18)
Philosophy of History	31	(2)
Political Communities	33	(5)
Human Beings as Moral Agents	38	(4)
Conclusion	42	(1)
Topics for Further Discussion,	42	(5)
Chapter 4 SECULARIZATION OF THE JUST WAR TRADITION	47	(18)
Saint Thomas Aquinas	49	(4)
Francisco de Vitoria	53	(7)
Topics for Further Discussion,	60	(5)
SECTION II THE LEGAL POSITION OF WAR	65	(54)
Chapter 5 HUGO GROTIUS: FATHER OF INTERNATIONAL LAW	66	(15)
Law and Moral Principles	67	(7)
The Law of Nations	74	(2)
Topics for Further Discussion,	76	(5)
Chapter 6 HUGO GROTIUS AND THE JUST WAR	81	(23)
Jus ad Bellum	82	(9)
Jus in Bello	91	(7)
Conclusion	98	(1)
Topics for Further Discussion,	99	(5)
Chapter 7 PROBLEMS FOR INTERNATIONAL LAW	104	(15)
Understanding International Law	106	(2)
H.L.A. Hart	108	(6)
Topics for Further Discussion,	114	(5)
SECTION III MORAL ISSUES IN WAR	119	(104)
Chapter 8 THE RESPONSIBILITY FOR WAR CRIMES	122	(26)
Obedience as a Legal Obligation	123	(5)
Obedience to Orders as a Moral Duty	128	(9)
Command Responsibility for War Crimes	137	(4)
Topics for Further Discussion,	141	(7)
Chapter 9 MILITARY NECESSITY	148	(23)
Military Necessity	148	(6)
Military Necessity and Reducing Risks	154	(3)
Military Necessity and the Necessity of Success	157	(4)
The Absolutist Position	161	(2)
Political Necessity	163	(2)
Topics for Further Discussion,	165	(6)
Chapter 10 REPRISALS	171	(10)
Topics for Further Discussion,	179	(2)
Chapter 11 TERRORISM AND WAR	181	(16)
Defining Terrorism	182	(2)
Making Moral Judgments	184	(1)
The Divine Command Argument	184	(2)
The Consequentialist Argument	186	(1)
The Self-Interest Argument	187	(1)
Cultural Induced Actions	188	(3)
September 11, 2001	191	(2)
Terrorism and the Tradition of Just War	193	(1)
Conclusion	194	(1)
Topics for Further Discussion,	195	(2)
Chapter 12 THE JUST WAR AND WEAPONS OF MASS DESTRUCTION	197	(26)
Chemical and Biological Weapons	203	(4)
Nuclear Weapons	207	(9)
Topics for Further Discussion,	216	(7)
SECTION IV PROFESSIONAL AND HUMANITARIAN OBLIGATIONS	223	(38)
Chapter 13 THE ENEMY: COLD-BLOODED KILLERS OR COMRADES IN ARMS?	224	(13)
Topics for Further Discussion,	230	(7)
Chapter 14 UNJUST WARS AND PROFESSIONAL OBLIGATIONS	237	(6)
Political and Military Responsibilities	238	(1)
Civilian Control of the Military	239	(1)
Formally Just Wars	240	(1)
Military Offícership: Profession or Vocation?	241	(1)
Topics for Further Discussion,	242	(1)
Chapter 15 THE ROLE OF THE UNITED NATIONS	243	(18)
The Legality of Humanitarian Intervention	244	(5)
Relevant Moral Principles	249	(2)
Objective Criteria	251	(3)
Conclusion	254	(1)
Topics for Further Discussion,	255	(6)
GLOSSARY	261	(4)
SELECTED BIBLIOGRAPHY	265	(6)
INDEX	271

Excerpts

The most important decision that nations make is whether to use force for political objectives. In a democracy, all responsible citizens feel the weight of such decisions. The most important decision that military leaders have to make is how to fight the wars that their governments have authorized. I believe both that (1) human beings should not intentionally harm other human beings and (2) human beings may sometimes employ violence to protect themselves or others from harm. I call these two claimsmoral truthsand, if one accepts both of them, it is obvious that they will occasionally conflict with one another. A central theme of this book is how conflicts between these two truths are best resolved. Specifically, I discuss those conditions that justify the use of force, and what the limits should be on the amount and types of force that may be used.Because reasoning about moral and ethical issues does not lend itself to the same precision as mathematics, we must learn how to make responsible judgments based on relevant principles instead of learning how to plug facts into a formula for decision making. Rather than being a book about right answers, this is a book about right reasoning. My goal is for my readers to know not just what I believe but to understand why I believe as I do. I wish to thank my colleagues and students at the United States Military Academy, who steadfastly refused to accept any of my claims uncritically and whose incessant, detailed, always thoughtful, and sometimes brutal criticisms constantly forced me to reevaluate and refine my thinking on Just War. I especially benefited from discussions with A1 Bishop, Tim Challans, Gary Coleman, Randy Dipert, Merritt Drucker, Peter Fromm, Cathy Haight, Anthony Hartle, Bryan Keifer, Van Martin, Wallace Matson, Mark Mattox, David Newell, John Petrik, Louis Pojman, Rainer Spencer, Steve Tryon, Sandra Visser, Scott Weaver, Ted Westhusing, Robert Williams, and Dan Zupan. Others who read the entire manuscript and made numerous worthwhile suggestions include Lin Bredenfoerder, Gareth Matthews, Fariborz Mokhtari, and Alan Schactman.The author also thanks the following reviewers for their constructive criticism: Louis R. Beres, Purdue University; Major Kristine V. Nakutis, U.S. Military Academy; Fariborz L. Mokhtari, Norwich University; and Wayne S. Osborn, Iowa State University.Even as I send this manuscript to press, I am aware that some of my beliefs are probably false. Unfortunately, I don't know which ones they are. I trust that readers of this third edition will continue the tradition of accepting nothing I say uncritically, and that by engaging in a rigorous, open-minded dialectic we can all learn to think more clearly and competently about issues relevant to war and peace. Paul Christopher Lunenburg, Massachusetts