PHL378H1 Lecture : LEC 7 – Just Cause Oct 1 2009
PHL378: War & Morality
LEC 7 – Just Cause
Oct, 1st, 2009
Legalist Paradigm
! right of states derives from the right of individual members
! ppl have the right to collective political self determination
Just Cause = permission or duty to go to war?
! Waltzer: talk of duty
! as law enforcement and deter future attacks
! pg. 62
! pg. 59
IJC vs. CJC
Neutrality
! both militarily and diplomatically
! maintain the status quo
! Norwegian remained neutral but provided Germany w/ Iron ore
! Churchill mined Norwegian waters with bombs which is violation of Norway's sovereign rights
! Waltzer says that there is a higher moral status to civilians of neutral country as opposed to our own
country / countries already in war
! hence there is a stronger prohibition on killing citizens of neutral country than even the citizens
of our own country
! Waltzer: pg. 235, 236, 237
! countries are permitted and maybe a duty to care for their own citizens' lives higher than others
hence they are permitted to remain neutral
! Waltzer thinks that violation of Norwegian waters is not ok, b/c it was not a necessity
! Supreme Emergency
! when the circumstances of war are so high such that you are allowed to break normal rule of
war
! pg. 249
! 2 factors of whether or not you can remain neutral
! 1. how serious is the JC
! 2. cost to our nation
! if 1 > 2 greatly then you cannot remain neutral & there is a duty to pursue the JC
! if 1 > 2 a bit then there is no duty but a permission to pursue JC b/c you are permitted to give
bias to your own citizens
! when can another nation, force a nation into war?
! ie. what Britan did to Norway
! when there is a no duty then you cannot force
! when there is a duty then you can force or not depending on the gap b/w JC & Cost
Iraq War
! justification of fighting the war
! 1. WMD
! preventive war
! 2. liberating Iraqi ppl. (humanitarian)
www.notesolution.com
Document Summary
Legalist paradigm right of states derives from the right of individual members. ppl have the right to collective political self determination. as law enforcement and deter future attacks. norwegian remained neutral but provided germany w/ iron ore. churchill mined norwegian waters with bombs which is violation of norway"s sovereign rights. waltzer says that there is a higher moral status to civilians of neutral country as opposed to our own country / countries already in war. hence there is a stronger prohibition on killing citizens of neutral country than even the citizens of our own country. countries are permitted and maybe a duty to care for their own citizens" lives higher than others hence they are permitted to remain neutral. waltzer thinks that violation of norwegian waters is not ok, b/c it was not a necessity.
