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A Normative Approach To War

Author : Yasuaki Ōnuma
ISBN : 0198257090
Genre : History
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Based on the editor's Japanese work entitled : Senso to heiwa no ho (The Law of war and peace). 1987.

A Transcivilizational Perspective On International Law

Author : Onuma Yasuaki
ISBN : 9789004186897
Genre : Law
File Size : 21. 78 MB
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The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

Fair And Unfair Wars

Author : Klem Ryan
ISBN : OCLC:843790971
Genre :
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The thesis examines a normative account of war which seeks to regulate warfare through the mechanism of conventions based-on equality and reciprocity between combatants - what is termed the 'regular war paradigm'. It is a view that contrasts sharply with classical just war theory, which rejects the idea of combatant equality. The history of normative thinking about war has often seen the two views become intertwined resulting in deep tensions in a number of the central arguments within contemporary normative theories of war. There are two main. themes to the thesis: first, the continued relevance of the ideas and critiques of the regular war paradigm of limited war; and second, the normative significance of the changing character of contemporary warfare, which represents both a challenge to, but also reiterates the importance of, the regular war approach. The essence of the argument of the thesis is that developing mechanisms for regulating the conduct of war is an important task of normative theories of war and that we therefore have to understand how and when institutions and practices which regulate war operate effectively. The regular war paradigm provides tools to do this in ways that classical just war theory, and its modern heirs, does not. iii To further this argument, the thesis explores the work of several regular war theorists, some of whom are seldom discussed in contemporary normative theory. It is my view that this has led to a failure to adequately recognise the antecedent theories that underlie much of the contemporary discourse, which in turn has contributed to the lack of engagement with the important normative content of the regular war paradigm. Throughout the .. thesis I discuss the work of Michael Walzer, both as a point of reference to situate my arguments, and to highlight the neglect among prominent contemporary war theorists of regular war ideas. The aim is to illustrate the continuing significance of regular war arguments, to explore weaknesses in the contemporary discourse on just war, and to recast the discussion of the normative problems we face in 21 st century wars. I am not attempting to simply restore the regular war paradigm for the 21st century, but to illustrate the continuing relevance of regular war ideas and institutions and to provide additional ways of arguing against those who think the equality of combatants in war is morally misguided. Structure of the thesis In traduction: The Introduction sets out the theoretical debates that provide the contemporary setting for the thesis. Primarily, I highlight the fundamental division within normative theory between the just war and the regular war paradigms. I explain these paradigms' divergent perspectives on the relationship between politics and war, and outline the regular war tradition's emphasis on developing effective rules for restraint in war. The Introduction also sets out the background assumptions which guide my approach to the thesis; specifically I outline a value-pluralist account of political conduct, and discuss the implications of this view for perspectives on conflict and political institutions. Chapter 1: The purpose of this chapter is to explain the central goal of the regular war paradigm of limiting war. It does so by setting out and explaining the concept of conventional war. This discussion, which draws on the work of Emerich de Vattel, illustrates how the idea of political legitimacy, the equality of belligerents, and rules based on reciprocity underpin the formation of conventions in war. The chapter also demonstrates how the concrete content of contemporary conventions developed out of the military practices of 19th and 20th century European armies. A key point of this chapter is that the important role that conventions play in restraining war is based on the assumptions of the regular war perspective. This understanding helps us see more clearly how conventions operate, but also how they are vulnerable to changes in military practice. v Chapter 2: Chapter 2 aims to further explain how the regular war perspective operates, by examining Clausewitz's account of the link between the political aims of war and how war is fought. Clausewitz's theories are often depicted by contemporary normative theorists as being empty of normative content. I, however, argue that contrary to common interpretations, (~au.sewitz offers significant insights into the operation of limited war through his emphasis on the importance of political control in war. Further, I also argue that the current trend towards irregular war reaffirms the importance of Clausewitz's focus on war's political character. This conclusion also points to the relevance of the regular paradigm for understanding and limiting contemporary wars. Chapter 3: The objective of Chapter 3 is to explore one of the regular war perspective's most powerful critiques of just war theory, by showing how classical just war theory is not able to provide an adequate answer to the question of how to achieve restraint in war. The chapter discusses Carl Schmitt's account of regular war to argue that the just war approach promotes a disposition in combatants and belligerent political communities which is actively detrimental to restraint. Schmitt's account stresses that, under conditions of political conflict, institutions based in equality and reciprocity of belligerents are crucial to the 'bracketing' of war. Contrary to the just war view, moral symmetry between combatants is a crucial feature of such institutions. Chapter 4: Drawing on the ideas set out in previous chapters, Chapter 4 argues that fairness is a crucial component of normativity in war, from both a consequentialist and a deontic perspective. The argument rejects the position Walzer sets out in Just and Unjust Wars that fairness - understood as rough equality of capabilities between belligerents - is not normatively important in war. Contrary to Walzer, I show how fairness is an essential component for creating institutions to regulate warfare, and as such is a necessary - though not sufficient - condition for restraint in war. The chapter highlights the role of fairness in fostering a sense of reciprocity between combatants, and in creating a relationship between combatants where restraint becomes a possibility. I argue, therefore, that the critical importance of fairness is a central insight flowing from the regular war paradigm, one which should be seen as significant for how we judge the conduct of contemporary conflicts. Chapter 5: Chapter 5 seeks to apply the insights of the regular war paradigm to war in the 21st century, by examining the depth and scope of the changes in military practice since the mid-20th century and their implications for restraint in war. Following this discussion I argue that the moral challenge posed by new weapon systems such as drones is that they break down the relationship between belligerents which is fundamental to establishing restraint in war. As such, drones contribute to the prevalence of irregular wars, and essentially vii eliminate the boundary between the battlefield and civil society. This critique opens up a new way of conceptualisin.g the wrong that is specific to the inherent features of robotic weapons systems, and provides a focus point for those who would argue against their use. -.

Social Justice And Its Enemies

Author : Thomas Ford Hoult
ISBN : MINN:31951002368478J
Genre : Social problems
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Is It Possible To Morally Distinguish Child Soldiers From Adult Soldiers?

Author : Elena Mertel
ISBN : 9783346015662
Genre : Political Science
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Academic Paper from the year 2018 in the subject Politics - International Politics - General and Theories, grade: 8,5 (Niederländisches System), University of Groningen, course: Theories of International Relations, language: English, abstract: This paper tries to shed light on the discussion of moral distinction betwenn child soldiers and adult soldiers, as well as combatans and non-combatans. The presence of armed children in war zones has become a sad reality in contemporary conflicts all around the world. Many non-governmental armed forces would not even be able to participate in war without recruiting children. However, strategies to cope with the situation lack sufficient definitions of where to draw the line between soldier and child. Does it include those children who are actively taking part in armed conflicts? Or do children -similar to adult soldiers - lose their immunity as soon as they take up arms? While there are numerous legal and theoretical attempts on the rights and duties of adult soldiers the contemporary issue of child soldiers seems to challenge these thoughts. This is because our general moral intuition understands children as vulnerable beings in need of protection. The image, however, is diametrically opposed to armed juveniles on the battlefield and thus creates a moral dilemma. Therefore, the author argues that no clear cut distinction between combatants and non-combatants and further between children and adults can be made. To substantiat her claim, she will approach the issue from its theoretical basis by having a closer look on depicted definitions first and from its feasibility in war second. Based on her findings, she claims that it is not possible to make a clear cut distinction and thus that there are good reasons to treat child soldiers no different than regular combatants. In the following conclusion she will briefly suggest additional guidelines to provide a more thoughtful and secure framework for every soldier- child and adult - on the battlefield.

International Relations Theory

Author : Chris Brown
ISBN : STANFORD:36105000184528
Genre : International relations
File Size : 50. 50 MB
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Ius Commune

Author :
ISBN : STANFORD:36105060497166
Genre : Civil law systems
File Size : 81. 96 MB
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International Norms And The Resort To War

Author : Gregory A. Raymond
ISBN : 9783030540128
Genre : Political Science
File Size : 40. 93 MB
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This book offers a fresh perspective on timeless questions concerning anarchy and order, power and principle, and public and private morality, by taking a novel approach to the study of the onset of war. Rather than looking at the distribution of wealth, military might, or other material capabilities to explain the onset of war, this book focuses instead on how international norms affect the use of military force. Critical of the realist assumption that international legal norms are unable to curb hostilities without a powerful central authority to enforce their injunctions, it contends that the normative context within which national leaders act sets the tone for world politics by communicating commonly accepted understandings about the limits of permissible action. Using quantitative analyses of the relationships between war-initiation norms and various types of armed conflict, the author calls into question realist beliefs regarding international norms, demonstrating that restrictive normative orders reduce the likelihood of war.

War And Or Survival

Author : William Vincent O'Brien
ISBN : UCAL:B4231863
Genre : War
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Security A Multidisciplinary Normative Approach

Author : Cecilia M. Bailliet
ISBN : 9789047426431
Genre : Law
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Drawing on scholars and practitioners from law and philosophy, this book offers new insights on Security as a term of art subject to normative evolution and gaps. Review of the role of international organisations, the changing face of armed conflict, human rights and democratic guarantees as measures of security, and the challenge of climate change provides rich topics for consideration.

Bruce M Russett Pioneer In The Scientific And Normative Study Of War Peace And Policy

Author : Harvey Starr
ISBN : 3319138499
Genre : Political Science
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This book provides a comprehensive treatment of Russett’s scientific contributions, with key examples of his major studies. It will greatly benefit today’s International Relations students, deepening their understanding of the field’s theory and methods. Bruce M. Russett was a founder of, and continues to be a pioneer in, the empirical analytical study of international relations and foreign policy. He has produced groundbreaking works on methodology, data collection and the application of economics to the field of international relations—especially in the area of analytical relationships between theory, policy and normative standards for morality and ethics. His body of work has clarified and furthered our understanding of peace studies by addressing power and conflict, cooperation, integration and community, democratic/Kantian peace, economic development, dependency and inequality, and the relationships between domestic and foreign politics. Russett’s academic achievements and standing are the result of his bringing these areas together as a coherent entity, based on his eclectic ability to “cross boundaries” with regard to academic disciplines, sub-disciplines, methods of data gathering and analysis, and broad theoretical perspectives, as well as basic and applied research.

Protection Of Nationals Abroad In The Framework Of Just War Theory

Author : Salome Minesashvili
ISBN : 3659456764
Genre :
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Along with the redefining of state values as a response to changes in the grounds for conducting war, a relatively new principle called the protection of nationals abroad has arisen, descending from an increased number of state interventions justified on behalf of their nationals abroad. This book aims to offer a pertinent research of the above principle and explore the ways of its justification from the normative perspective, specifically through the Just War Theory lens. The central argument of the research is based on the analogy between the primary principle of jus ad bellum, the right to national-defence and protection of nationals abroad. In order to demonstrate the link, two ends of sovereignty and national-defense are discussed: community life and individual rights. The book shows that considering community values as principal goods of state sovereignty cannot justify protection of nationals abroad. Subsequently, it is argued that the sole way of normative justification stems from the individualistic approach that conceives the idea of the state in its duty to ensure well-being of its nationals.

The Other S War

Author : Tarik Kochi
ISBN : 9781134015719
Genre : Law
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The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war.

New Perspectives On Turkey

Author :
ISBN : STANFORD:36105123037454
Genre : Turkey
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The Justification Of War And International Order

Author : Lothar Brock
ISBN : 9780192634634
Genre : Law
File Size : 70. 32 MB
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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

World Religions And Norms Of War

Author : Vesselin Popovski
ISBN : UOM:39015079289248
Genre : Business & Economics
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Over more than two millennia, the world's leading religious traditions have provided the guidance in questions of when war can be justified, and of what methods and targets are permissible in war. Linking deep historical analysis to contemporary issues, this volume provides insight to the understanding of the role and influence of religion in the state politics. The book examines the norms of war in Hinduism, in Theravada Buddhism, in Japanese religion, in Judaism, in Roman Catholic Christianity, in Eastern Orthodox Christianity, in Protestant Christianity, in Shia Islam and in Sunni Islam, and discusses norms of war in cross-religious perspective.--Publisher's description.

Victim Reparation Under The Ius Post Bellum

Author : Shavana Musa
ISBN : 9781108638104
Genre : Law
File Size : 81. 27 MB
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Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.

Towards A Normative Theory Of International Relations

Author : Mervyn Frost
ISBN : 9780521305129
Genre : Political Science
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An examination of the moral theory of war.

Classical Theories Of International Relations

Author : Ian Clark
ISBN : 9781349247790
Genre : Political Science
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Drawing on a tripartite taxonomy first suggested by the so-called English School of International Relations of a Hobbesian tradition of power politics, a Grotian tradition of concern with the rules that govern relations between states; and a Kantian tradition of thinking which transcends the existence of the states system, this book discusses the thinking of central political theorists about the modern states system. Thinkers covered are Hobbes, Grotius, Kant, Vitoria, Rousseau, Smith, Burke, Hegel, Gentz and Vattel.

Michigan Journal Of International Law

Author :
ISBN : OSU:32437010299325
Genre : International law
File Size : 37. 57 MB
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