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Moral Equality Of Combatants
The moral equality of combatants (MEC) or moral equality of soldiers is the principle that soldiers fighting on both sides of a war are equally honorable, unless they commit war crimes, regardless of whether they fight for a just cause. MEC is a key element underpinning international humanitarian law (IHL)—which applies the rules of war equally to both sides—and traditional just war theory. According to philosopher Henrik Syse, MEC presents a serious quandary because "it makes as little practical sense to ascribe blame to individual soldiers for the cause of the war in which they fight as it makes theoretical sense to hold the fighters on the two sides to be fully morally equal". The moral equality of combatants has been cited in relation to the Israeli–Palestinian conflict or the U.S.-led wars in Iraq and Afghanistan. Traditional view MEC as a formal doctrine was articulated in ''Just and Unjust Wars'' (1977) by Michael Walzer, although earlier just war theorists such as A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Ad Bellum
' ( or ), literally "right to war" in Latin, refers to "the conditions under which States may resort to war or to the use of armed force in general". Jus ad bellum is one pillar of just war theory. Just war theory states that war should only be condoned under 'just' conditions. Jus ad bellum simply limits the causes for which war can be considered justifiable. The other parts of just war theory include jus in bello (just actions in war) and jus post bellum (justice after war). Historical background The history of jus ad bellum dates back to early religious and philosophical ideas. There are references to the idea of morally fought wars dating back to ancient civilizations. Thousands of years later, these ideas still stand in today's society. Early foundations Many of the ancient civilizations have shown some degree of understanding of just war. One example can be found in Ancient Egypt. Early Egyptians viewed themselves as the cosmological center of civility. Therefore th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The International Encyclopedia Of Ethics
''The International Encyclopedia of Ethics'' is an 11-volume encyclopedia of ethics edited by Hugh LaFollette. The encyclopedia was given Honorable Mention in competition for the Best Reference Work of 2013 by the Research User Services Association. Reception The book has been reviewed by John Martin Fischer, Jennifer A. Herdt, Peter Singer Peter Albert David Singer (born 6 July 1946) is an Australian moral philosopher who is Emeritus Ira W. DeCamp Professor of Bioethics at Princeton University. Singer's work specialises in applied ethics, approaching the subject from a secu ... and Larry S. Temkin. References External links The International Encyclopedia of Ethics Ethics books 2013 non-fiction books 2018 non-fiction books Wiley (publisher) books Online encyclopedias English-language encyclopedias Encyclopedias of philosophy {{ethics-book-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Dannenbaum
Tom Dannenbaum is an American associate professor of International Law at the Fletcher School of Law & Diplomacy in Medford, Massachusetts, US. Works * * References External links * {{DEFAULTSORT:Dannenbaum, Tom Tufts University faculty International law scholars Living people American legal scholars Year of birth missing (living people) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revisionist Just War Theory
Revisionist just war theory is a development of just war theory that, unlike traditional just war theory, seeks to integrate ''jus ad bellum'' and ''jus in bello'', therefore rejecting many traditional beliefs such as moral equality of combatants. Opposing traditionalists such as Michael Walzer, revisionists include Jeff McMahan, Cécile Fabre, Bradley J. Strawser, and David Rodin David Emanuel Rodin (born 28 June 1970) is a New Zealand philosopher and senior research fellow at the University of Oxford. He is also a senior fellow at the Carnegie Council for Ethics in International Affairs. Rodin is the founder and chair .... References Further reading *{{cite book , last1=Strawser , first1=Bradley Jay , title=The Bounds of Defense: Killing, Moral Responsibility, and War , date=2023 , publisher=Oxford University Press , isbn=978-0-19-069251-3 , language=en Just war theory 20th century in philosophy 21st century in philosophy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Selective Conscientious Objection
Selective conscientious objection is the practice of refusing some, but not all, military service. It is much more controversial than blanket conscientious objection based on consistent pacifism. Views on selective conscientious objection range from being morally impermissible, morally permissible, a right that may be exercised, or morally obligatory in the case of military personnel asked to fight an illegal war of aggression. Arguments for and against The traditional view is that soldiers are obligated to obey superior orders to participate in a war, even when this is against their conscience. The moral culpability for fighting an unjust war, in this view, is visited entirely on the leaders and not on ordinary soldiers who are entirely innocent (see moral equality of combatants). Arguments for this view include those based on social contract theory which posit that citizens should obey their state's decision to go to war, the argument that individual soldiers are ill-placed to de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
War Of Aggression
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation, in contrast with the concept of a just war. Wars without international legality (i.e. not out of self-defense nor sanctioned by the United Nations Security Council) can be considered wars of aggression; however, this alone usually does not constitute the definition of a war of aggression; certain wars may be unlawful but not aggressive (a war to settle a boundary dispute where the initiator has a reasonable claim, and limited aims, is one example). In the judgment of the International Military Tribunal at Nuremberg, which followed World War II, "War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeff McMahan (philosopher)
Jefferson Allen McMahan ( ; born August 30, 1954) is an American moral philosopher. He has been Sekyra and White's Professor of Moral Philosophy at the University of Oxford since 2014. Education and career In 1976, McMahan completed a B.A. degree in English literature at the University of the South (Sewanee). In 1978, he got a second B.A., in philosophy, politics, and economics, then did graduate work in philosophy at Corpus Christi College, Oxford as a Rhodes Scholar. In 1983, he earned his M.A. at the University of Oxford. He was offered a research studentship at St John's College, Cambridge. He studied first under Jonathan Glover and Derek Parfit at the University of Oxford and was later supervised by Bernard Williams at the University of Cambridge, where he was a research fellow of St John's College from 1983 to 1986. He received his doctorate in 1986 from the University of Cambridge. His thesis title was ''Problems of Population Theory''. He taught at the University of Il ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hersch Lauterpacht
Sir Hersch Lauterpacht (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice. Biography Hersch Lauterpacht was born on 16 August 1897 to a Jewish family in the small town of Żółkiew, in the Austro-Hungarian Empire, near Lemberg (now Lviv), the capital of East Galicia. In 1911 his family moved to Lemberg. In 1915 he enrolled in the law school of the University of Lemberg; it is not clear whether he graduated. Lauterpacht himself later wrote that he had not been able to take the final examinations "because the university has been closed to Jews in Eastern Galicia". He then moved to Vienna, and then London, where he became an international lawyer. He obtained a PhD degree from the London School of Economics in 1925, writing his dissertation on ''Private Law Analogies in International Law'', which was published in 1927. His 1933 book ''The Function of Law in the International Community'' h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Injuria Jus Non Oritur
''Ex injuria jus non oritur'' (Latin for "law (or right) does not arise from injustice") is a principle of international law. The phrase implies that "illegal acts do not create law". This principle was used to create the Stimson Doctrine. The rival principle is '' ex factis jus oritur'', in which the existence of facts creates law. See also *'' Ex factis jus oritur'' * Facts on the ground *''Fait accompli'' *''Status quo ante bellum'' * Odious debt *''Uti possidetis ''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure about possession of land. Later, by a misleading analogy, it was transferred to international law, where it has had more than one mean ...'' References Injustice International law Legal rules with Latin names Statutory law {{international-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus In Bello
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which in 1750 B.C., explains its laws imposing a code o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aquinas
Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the Western tradition. A Doctor of the Church, he was from the county of Aquino, Italy, Aquino in the Kingdom of Sicily. Thomas was a proponent of natural theology and the father of a school of thought (encompassing both theology and philosophy) known as Thomism. Central to his thought was the doctrine of natural law, which he argued was accessible to Reason, human reason and grounded in the very nature of human beings, providing a basis for understanding individual rights and Moral duty, moral duties. He argued that God is the source of the light of natural reason and the light of faith. He embraced several ideas put forward by Aristotle and attempted to synthesize Aristotelianism, Aristotelian philosophy with the principles of Christianity. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
