PHL275H1 Lecture Notes - Lecture 10: Jus Ad Bellum, Erwin Rommel, Michael Walzer

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28 Jul 2016
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PHL275 – Week 6
Wednesday, July 27
Just War Theory
An argument about what plausible justification for war and conduct in war make ethical sense.
Formal Beginnings
St. Augustine of Hippo, 354-430 AD
Christianity needed something to guide whether they should go to war or not
St. Thomas Aquinas, 1225-1274 AD (just ad bellum and just in bello)
Vitoria and Grotius, ethics of wat gets codified in international law
Now it focuses on states and nations but before it was focused on moral motivations of
individuals
Michael Walzer
Revitalizes traditional just war theory
Moral equality of solider
Worried people do focus on reality of war
Liken War arena to domestic violence? He disagrees
When we enter war, morality completely changes, it has its own rules
Jeff McMahan
Opponent to Walzer
Why we should reject traditional just war theory
Revisionist harkens back to the classical period
Modern warfare, b/w state nation and subset of actors
Reject cause when we apply it to war in the 21st century, the theory simply does not apply
Just because we go to war, morality DOES NOT change
Morality of war analogous to the morality of defense In domestic violence
Return to classical period
Emphasis on combatantance, induvial accountability
Three Main Ideas
Just ad bellum (justice before war)
Jus in bello (justice in war)
Jus post bellum (justice after war)
Jus Ad Bellum
Just cause for war
6 conditions
1. Just cause: Righting an injury
Arguably the most important
Defense against an aggressor
2. Proportionality: Goods outweigh the bad
War should not do more damage than good
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Killing vs stunning enemy example
3. Necessity: Last resort
When there is no less harmful one than war to resolve the conflict
Based on expected consequences
4. Legitimate Authority
Non state actors do not have a right to decide whether a country goes war
5. Reasonable chance of success
Is it likely this war will result in achieving its aims
Consequentialist
Hoping that you will have that chance
6. Right intention: Aim of the war is the just cause
War cannot be used as an excuse to achieve some other aim
WWII, France defending itself against Germany, but while they do so they also
decide to take over the Black Forest. They should only focus on defense
Going to war is permissible if and only if the war meets all of the conditions of jus ad bellum
Jus in Bello
Just conduct in war
Three Conditions
1. Necessity: Minimal force
The least harmful means to achieve the aims
2. Proportionality: Constraint on actions that cause harm
Only when harm done does not outweigh the good achieved
Doctrine of Double Effect
Sometimes we are permitted to harm, as a side effect, of achieving some
goods in war and it could not otherwise be achieved without that harm
Missile factory, you need to bomb that factory, while you’re flying above it
you realize there is an elementary school right next to the factory and if you
bomb the factory all the children will die, so can you cause this harm? If it will
end the war, then it may be permissible
Lesser-evil justification
Of two or more evil just choose the option that produces that least amount
of harm
BC, Alberta and Saskatchewan are neighbouring countries. Saskatchewan
wants to bomb BC, so BC wants to set up a base camp in Alberta. However
if Alberta does this it will look bad for them. BC sets up camp anyway
because it was the lesser of the two.
3. Discrimination: Legitimate targets of war
Combatantance may target only other combatants
An act of violence in war is permissible if and only if the act meets all of the jus in bello
conditions
Two crucial features of the traditional jus war doctrine
Independence of jus ad bellum and jus in bello:
oWhat a combatant is permitted to do in war has no bearing whether her war is just or
unjust
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