PHL378H1 Lecture Notes - Lecture 10: Spanish Civil War

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16 Aug 2010
School
Department
Course
Professor
PHL378: War & Morality
LEC10 Interventions
Oct, 13th, 2009
! Lackey: pg. 35
! 5th article in charter of UN
! 51 article
! war is only just if it is fought in defence of aggression
! legalist paradigm would condemn any intervention of state A in state B as in our examples: ie.
Cambodia, Vietnam
! we hold a atom view of the body rights of a person, translated to legalism paradigm, we
would say that the preservation of the state is a all or nothing thing, just as you cannot
protect your arm over your intestine, states will use any means to protect their whole
! this is the UN view (restrictive)
! Luben: government have legitimacy only if the ppl transfer their rights onto the state
! pg. 201: ppl have a right to the government they prescribe to
! horizontal contracts: b/w members of the group
this gives rise to a ppl / nation
! vertical contract: b/w horizontal contract / individuals to the state/sovereign
this is a legitimate state
! aggression violates a states right only if it the state has these rights
! if illegitimate contract is present, then there is no right to violate, hence aggression is
permissible
! intervention is permitted if the state is not legitimate
! Waltzer
! succession
Hungarian revolution of 1848
Hungary decide to succeed from Austria empire
Austrian empire calls Tsar to ask for aid & Russians agree
in order for outsiders to intervene the succession movement has to have popular support,
effective control of territory,
pg. 93
! Mill: “Austrian government in Hungary was a yoke......
! argues against Mill, there does not need to be some prior intervention, we should be
able to intervene if the above 2 conditions are met (ie. popular support, territorial
control)
succession against colonial power
Waltzer is sympathetic to competent authority, his definition is similar to the legalism
paradigm in that he is describing the succession movement as legitimate if it is in effect
a state (popular support, control of territory)
! but this treats them as an already existing government, and the war of succession is
legitimate b/c there is aggression
Civil Wars
! succession wants to remove territory from main land and does not care about the government in
the other part of the territory
! civil wars are fought not for change in boundary but want to change the government in the land
! ie. Spanish civil war, Afghanistan,
! Waltzer's view of intervention in civil wars
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Document Summary

war is only just if it is fought in defence of aggression legalist paradigm would condemn any intervention of state a in state b as in our examples: ie. cambodia, vietnam. luben: government have legitimacy only if the ppl transfer their rights onto the state. 201: ppl have a right to the government they prescribe to. horizontal contracts: b/w members of the group this gives rise to a ppl / nation. vertical contract: b/w horizontal contract / individuals to the state/sovereign this is a legitimate state. aggression violates a states right only if it the state has these rights if illegitimate contract is present, then there is no right to violate, hence aggression is permissible intervention is permitted if the state is not legitimate. Austrian empire calls tsar to ask for aid & russians agree in order for outsiders to intervene the succession movement has to have popular support, effective control of territory, pg.

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