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Steven P. Lee, ?

(AMINTAPHIL: The Philosophical Foundations of Law and Justice)?



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(AMINTAPHIL: The Philosophical Foundations of Law and Justice)

Summary:

Just war theory is the traditional approach taken to questions of the morality of war, but war today is far from traditional. War has been deeply affected in recent years by a variety of social and technological developments in areas such as international terrorism, campaigns of genocide and ethnic cleansing, the global human rights movement, economic globalization, and military technology. This book asks whether just war theory is adequate to the challenges these developments pose. Just war theory provides rules for determining when it is justified to fight a war. But some have argued that the nature of contemporary war makes these rules obsolete. For example, genocidal and aggressive regimes may require the use of military force that is not strictly in self-defense, as just war theory requires. In addition, the theory provides rules for determining what the limits are on justified conduct in war. But the random violence of terrorism and the deliberately inflicted violence of torture seem endemic to our age, yet take us beyond the limits set by these rules of conduct in war. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this set of issues with insight and clarity.

Written for:

Researchers in areas such as ethical theory, international relations, political philosophy, international law, and applied ethics; teachers of courses in these same areas, including morality of war, global justice, human rights, ethics and international affairs, contemporary moral issues, and others

Table of contents

I. Introduction: Just War Theory and the Challenges It Faces.

II. Some Theoretical Background:

1. William Murnion; A Postmodern View of Just War.

2. David Duquette; From Rights to Realism: Incoherence in Walzer's Conception of Jus in Bello.

3. Patrick Hubbard; A Realist Response to Walzer's Just and Unjust Wars.

III. Intervention.

4. Rex Martin; Walzer and Rawls on Just Wars and Humanitarian Interventions.

5. Helen Stacy; Humanitarian Intervention and Relational Sovereignty.

6. Eugene Dais; Just War Theory Post 9/11: Perfect Terrorism and Superpower Defense.

7. Steven Lee; Preventive Intervention.

IV. Terrorism.

8. Allen Weiner; Law, Just War, and the International Fight Against Terrorism: Is It War?

9. Jonathan Schonsheck; Determining Moral Rectitude in Thwarting Suicide Terrorist Attacks: Moral Terra Incognita.

10. Stephen Nathanson; Terrorism and the Ethics of War.

11. Alistair Macleod; The War Against Terrorism and the

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