Details

Intervention, Terrorism, and Torture


Intervention, Terrorism, and Torture

Contemporary Challenges to Just War Theory
AMINTAPHIL: The Philosophical Foundations of Law and Justice, Band 1

von: Steven P. Lee

96,29 €

Verlag: Springer
Format: PDF
Veröffentl.: 22.11.2006
ISBN/EAN: 9781402046780
Sprache: englisch
Anzahl Seiten: 323

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Beschreibungen

<P>This book asks whether just war theory and its rules for determining when war is justified remains adequate to the challenges posed by contemporary developments. Some argue that the nature of contemporary war makes these rules obsolete. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this complex set of issues with insight and clarity.</P>
<P>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.</P>
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 ‘War’ Against Terrorism. 12. Win-chiat Lee; Terrorism and Universal Jurisdiction.
V. Torture. 13. Ken Himma; Assessing the Prohibition against Torture. 14. David Luban; Liberalism, Torture, and the Ticking Bomb. 15. Deirdre Golash; Torture and Self-Defense. 16. Larry May; Humanity, Prisoners of War, and Torture. 17. Sally Scholz; War Rape’s Challenge to Just War Theory. 18. Ken Kipnis; Prisons, POW Camps, and Interrogation Centers: Reflections on the Juridic Status of Detainees.
VI. The Impact of Technology.Richard DeGeorge; Jus in Bello, Non-Combatant Immunity, and Contemporary Warfare.
<P>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.</P>
<p>Brings the discussion of just war theory up to date, given the changes in contemporary warfare</p><p>Discusses the extent to which military interventions, both humanitarian (Kosovo) and preventive (Iraq), are morally justified</p><p>Considers the nature and moral characteristics of terrorism</p><p>Addresses the question of what our response to terrorism should be and asks what moral limits there are in the "war" on terrorism</p><p>Examines torture as a method of gathering intelligence about terrorism, asking whether scenarios like the "ticking time bomb" can ever justify it</p>

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