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Lecture 5

LEC5- Just War Overview-Competent Authority-Right Intention Sept 24 2009

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Tom Hurka

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PHL378: War & Morality
LEC5: Just War Overview/Competent Authority/Right Intention
Sept, 24th, 2009
! defence against aggression
! McKina: pg. 386
! self defence almost always justifies aggression
! applies proportionality mainly to offensives wars
ie. Economic Just cause (think of Canadian company in Brazil)
! sometimes during risk period of nuclear war, there might be an argument against the defence of
aggression to prevent the nuclear war
Last Resort
! McKina: pg. 387
! war is clearly pointless if the ends can be obtained by less painful means
! ends are the goods of the JC
! Bishops: pg. 100
! for resort to war to be justified, all peaceful alternatives must be exhausted
! this condition can be applied subjectively or objectively
! when you apply Last Resort principle, you must also take into account the IJC and CJC (ie.
! Waltzer
! you can never take Last Resort seriously, there is always something else you can do
! Objection: LR should be taken as weighting the extra benefits of war to the extra benefits of
not war. Sometimes the alternatives to war have costs and will add to the destruction of the
inevitable war.
! this is a comparative version of proportionality
! which of all these alternatives has the best balance of benefits over harm
! in self defence you can be proportional but not a last resort
! ie. if someone tried to kill you and you can save yourself by either punching him or killing
if you kill him then it would be proportional but not a last resort, since you could also
have punched him to stop him from killing you
! in self defence you can also be last resort but not proportional
! ie. if someone tried to tickle you and you can only stop him by killing him
if you kill him then you have used a last resort, but you have not used the proportional
! McKina
! last resort condition only applies to offensives wars
! Nation being aggressed upon have no duty to the LR condition, ie. no need to try other
means before you resist
Reasonable Hope of Succes
! McKina: pg. 356
! can be covered under proportionality or last resort
! there are cases in which fighting with no hope of success can still be valid
! in extreme cases national martyrdom can outweigh the material destruction
! these 2 above conditions only apply to defensive wars but not in offensive wars
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