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Supreme Emergency
In just war theory, a supreme emergency is a situation where a state faces an existential threat from an aggressor, which scholars like Michael Walzer and John Rawls argue justifies otherwise unjust action. Background While supreme emergency is a relatively new concept, just war theory, the context in which supreme emergency is discussed, dates back to preclassical philosophers, with evidence suggesting just war traditions existed in ancient Egypt and in ancient India. In most modern conceptions of just war theory, there are two categories that the moral justification of a war are assessed: ''jus ad bellum'' or justice before the war and ''jus in bello'' or justice during the war. Brian Orend includes a third category, ''jus post bellum'' or justice after the war. Supreme emergencies are typically argued to exempt nations from following certain ''jus in bello'' requirements. In his 1940 speech, Be Ye Men of Valour, British prime minister Winston Churchill coined 'supreme emergenc ...
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Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory ('' jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Op ...
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Non-combatant
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties (as currently described in Protocol I of the Geneva Conventions, adopted in June 1977); combatants who are placed '' hors de combat''; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864. History Pre-Geneva Conventions The Hague Conventions of 1899 and 1907 were one of the first multi-country treaties to agree on rights for non-combatants. These meetings occurred in 1899 and in 1907. Three treaties were signed and put into effect in 1899, including the treatment of prisoners of war ...
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Concepts In Ethics
Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs. They play an important role in all aspects of cognition. As such, concepts are studied by several disciplines, such as linguistics, psychology, and philosophy, and these disciplines are interested in the logical and psychological structure of concepts, and how they are put together to form thoughts and sentences. The study of concepts has served as an important flagship of an emerging interdisciplinary approach called cognitive science. In contemporary philosophy, there are at least three prevailing ways to understand what a concept is: * Concepts as mental representations, where concepts are entities that exist in the mind (mental objects) * Concepts as abilities, where concepts are abilities peculiar to cognitive agents (mental states) * Concepts as Fregean senses, where concepts are abstract objects, as opposed to mental o ...
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Church Of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority in 1534 when Henry VIII of England, Henry VIII failed to secure a papal annulment of his marriage to Catherine of Aragon. The English Reformation accelerated under Edward VI of England, Edward VI's regents, before a brief Second Statute of Repeal, restoration of papal authority under Mary I of England, Queen Mary I and Philip II of Spain, King Philip. The Act of Supremacy 1558 renewed the breach, and the Elizabethan Settlement charted a course enabling the English church to describe itself as both English Reformation, Reformed and Catholicity, Catholic. In the earlier phase of the Eng ...
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Utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as: That property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness ... rto prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all sentient beings equally. ...
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Dirty Hands
''Dirty Hands'' (french: Les Mains sales) is a play by Jean-Paul Sartre. It was first performed on 2 April 1948 at the Theatre Antoine in Paris, directed by Pierre Valde and starring François Périer, Marie Olivier and André Luguet. A political drama set in the fictional country of Illyria between 1943 and 1945, the story is about the assassination of a leading politician. The story is told mainly in the form of a flashback, with the killer describing how he carried out his mission. The killer's identity is established from the beginning, but the question is whether his motivations were political or personal. Thus, the play's main theme is not on ''who'' did it but on ''why'' it was done. Plot The play is set in Illyria, a fictional Eastern European country, during the latter stages of World War II. (Illyria was an actual country of classical antiquity, whose territory included modern Albania, Macedonia, Kosovo, Greece, Serbia and surroundings.) The country, an ally of Na ...
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Justification And Excuse
Justification and excuse are different defenses in a criminal case.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyoris the a Binder Both defenses admit that the defendant committed an act proscribed by law. The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy. The proscribed act is excused if the defendant's violation was not entirely voluntary, such as if they acted under duress or under a false belief. '' Martin v. Ohio'' (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. ''Patterson v. New York'' (1977) established that states may make excuses, such as involving mental state, an affirmative defense, rather than part of the mens rea element the prosecution must prove beyond a reasonable doubt. ''"Conduct... may be either justified... or excused... A defense of justification is the product of soc ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been d ...
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Exile
Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suffer exile, but sometimes social entities like institutions (e.g. the papacy or a government) are forced from their homeland. In Roman law, ''exsilium'' denoted both voluntary exile and banishment as a capital punishment alternative to death. Deportation was forced exile, and entailed the lifelong loss of citizenship and property. Relegation was a milder form of deportation, which preserved the subject's citizenship and property. The term diaspora describes group exile, both voluntary and forced. "Government in exile" describes a government of a country that has relocated and argues its legitimacy from outside that country. Voluntary exile is often depicted as a form of protest by the person who claims it, to avoid persecution and prose ...
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Territorial Integrity
Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized as customary international law. Conversely it states that imposition by force of a border change is an act of aggression. In recent years there has been tension between this principle and the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement." History of territorial integrity As far back as the earliest written records known, there have been political units claiming a definite territory. Intrusion into these te ...
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Indemnity
In contract law, an indemnity is a contractual obligation of one party (the ''indemnitor'') to compensate the loss incurred by another party (the ''indemnitee'') due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a " guarantee" is an obligation of one party (the ''guarantor'') to another party to perform the promise of a relevant other party if that other party defaults. Indemnities form the basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident. In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under the relationship. While the events giving ri ...
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Military Occupation
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law of occupation. Princeton University Press, 2004. , , p. 43 The territory is then known as the ''occupied'' territory and the ruling power the ''occupant''. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation. The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907, the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military ...
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