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Displaying: 1-11 of 11 documents


symposium on just war for the 21st century
1. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Adam Henschke, Nicholas G. Evans Winning Well by Fighting Well: Probability of Success and the Relations between War’s Ends and Warfighters’ Roles
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Modern warfare has shifted from the traditional conception of states involved in self-defensive wars to include peacekeeping missions, humanitarian intervention, regional stabilisation in the face of natural disasters, and more. A central criterion from just war traditions is the probability of success—given the magnitude of harms that large military operations are expected to cause; there must be some likelihood that the military operation will be successful. However, how likely a given military operation will be is dependent, in part at least, on the capacities of those acting in the given military operation. Our paper shows that the capacities of those involved in a military action bear upon the likelihood of that operation being successful. A central goal of this paper is to argue for the recognition of the training of soldiers as a moral requirement for the just war.
2. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Evan Feinauer, Nir Eisikovits Noncombatant Immunity in Asymmetrical Warfare
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The principle of noncombatant immunity (NCI) lies at the heart of jus in bello or the moral rules governing the conduct of war. This paper takes up the status of NCI in asymmetrical wars (AW). The argument proceeds in six parts. In the first we present a skeptical or realist position about the feasibility of NCI in AW. Part two surveys the development of the idea of NCI. Part three provides an account of the logic and dynamics of AW. Part four lays out a set of objections to the realist position. Part five imagines a realist rejoinder. In the final part we examine the moral and political implications of assuming that the realists are right about NCI in AW. We argue that even if they are, this does not imply the realist conclusion that “anything goes” in AW. In fact, we suggest that difficulties upholding NCI in AW may give rise to a special argument for conscientious objection.
3. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Minako Ichikawa Smart, Shunzo Majima The Moral Grounds for Reparation for Collateral Damage in Expeditionary Interventions: Beyond the Just War Tradition
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Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics of expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships.
4. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Conway Waddington Reconciling Just War Theory and Water-Related Conflict
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This paper suggests that certain characteristics of resourcerelated conflict reveal areas of contemporary Just War Theory that are insufficiently rigorous or robust in their current form. Water security in particular, reveals ambiguity in the Just War framework’s treatment of the jus ad bellum criteria of ‘just cause,’ which in turn challenges the credibility of the entire system. The insufficiency that is exposed has consequences for the effectiveness and cogency of the bodies of international law and global community, which are fundamentally based, and function according to, this predominantly Western moral framework. Key problem areas relating to flexible notions of ‘aggression,’ coincide with a persistent dilemma of simultaneously advocating responsibility to a global community while maintaining sovereign rights and security. Focusing on the ‘just cause’ criteria, justification for acts of war over certain resources is evaluated. Worryingly, the same powerful strategic reasons that might motivate a state to engage in what would otherwise be labelled a ‘realist’ war over certain resources, appear to gain moral merit through interpretation of the jus ad bellum in the specific case of water security, while argument against military action appears increasingly absolutist and impractical. The aim here then is to show the vulnerability of a dangerous prescriptive void in the Just War framework itself. Central to this is the question of the moral weight and significance, if any, of vital resources, as defined by strategic and humanitarian necessity.
articles
5. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Shari Collins, Eric Comerford Anonymous Sperm Donation: A Case for Genetic Heritage and Wariness for Contractual Parenthood
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Anonymous sperm donation offspring often yearn for information about their biological fathers, and as they come of age that yearning increases in intensity. We first explore will and interest theory regarding this desire to know one’s heritage and argue that both theories lead to a right of the offspring to know. We then turn to the donor contract, look at the inconsistencies between donor ability to eschew parental responsibility compared to other biological fathers, and argue that there should be a procedure similar to adoption procedures, whereby sperm donors take seriously the legal severing of their parental rights and responsibilities. We conclude that the offspring have a right to their genetic heritage and call for caring reproductive technological practices that ensure children of donors this right.
6. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Jesper Ryberg Punishment, Pharmacological Treatment, and Early Release
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Recent studies have shown that pharmacological treatment may have an impact on aggressive and impulsive behavior. Assuming that these results are correct, would it be morally acceptable to instigate violent criminals to accept pharmacological rehabilitation by offering this treatment in return for early release from prison? This paper examines three different reasons for being skeptical with regard to this sort of practice. The first reason concerns the acceptability of the treatment itself. The second reason concerns the ethical legitimacy of making offers under coercive conditions. The third relates to the acceptability of the fact that those criminals who accepted the treatment would be exempted from the punishment they rightly deserved. It is argued that none of these reasons succeeds in rejecting this sort of offer.
7. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Elliot D. Cohen Is Perfectionism a Mental Disorder?
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This paper brings to bear empirical evidence from a sample of undergraduate students to show that perfectionism can be a fundamental cognition behind the essential symptoms of some anxiety and mood disorders, notably Generalized Anxiety Disorder and Major Depression; and it suggests that this popular “philosophy of life” may helpfully be used in diagnosing these disorders.
8. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Susan T. Gardner Love Them or Leave Them? Respect Requires Neither
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The notion of “respect for persons” is a one often closely tied to the religious edict that “we ought to love one another.” It thus appears to give rise to a command that we are obliged to nurture some kind of positive regard toward others.Taking on a slightly different hue, Kant’s notion of “respect for persons” requires that we recognize universalizing agents as autonomous, and, hence, even if fanatical (Hare), we have no grounds to condemn.In this paper, both of these views will be challenged. It will be argued that we do not owe persons respect in the sense of positive regard, nor are we ethically required to give wide birth to “rational” choices. It will be argued, rather, that, although we do owe “respect to persons,” we owe respect in the sense of being prepared to hold persons “communicativelyaccountable”— of being prepared to engage in hard-nosed intersubjective communicative-interaction (Habermas) about the sort of values/ideals that ought to guide all reasonable people. Since such interaction necessitates the interchange of both positive AND negative judgements, it follows that “respect for persons” requires neither that we love them, nor that we leave them alone, but rather that we engage.
9. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Michael Davis Rewarding Whistleblowers: A Conceptual Problem?
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Since 2010, Section 922 of the Dodd-Frank Act has required the Securities and Exchange Commission to give a significant financial reward to any whistleblower who voluntarily discloses original information concerning fraud or other unlawful activity. How, if at all, might such “incentives” change our understanding of whistleblowing? My answer is that, while incentives should not change the definition of whistleblowing, it should change our understanding of the justification of whistleblowing. We need to distinguish the public justification of whistleblowing, its public defense, from its personal justification, the defense the whistleblower should be able to present to conscience. Motive is relevant only to the personal justification—but, since motive is relevant to that, statutes should be written so as not to interfere with personal justification, for example, by offering incentives when compensation would do. Though the paper’s focus is Section 922, its argument and conclusions are quite general.
10. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
Fernando Suárez Müller Eurocentrism, Human Rights, and Humanism
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The universal validity of human rights is endangered by the charge that these rights are ‘Eurocentric’ and this means that human rights could be considered to be a product of illegitimate power relations developed by European cultures. I differentiate several levels of this charge and show that, logically, there is a genetic fallacy at its heart so the concept of human rights cannot be invalidated by it. Historically, human rights are indeed the result of the development of Western humanist thought but we should differentiate the genesis of an idea from its validity. I outline how this development took place, how the argument of Eurocentrism developed, and why this argument can only function when the idea of human rights is taken for granted.Although the argument of Eurocentrism cannot be used to dismantle the idea of the universality of human rights, it still has an important function in a self-critical theory of universal human rights. It can be used as a hermeneutic tool that reflects on the formulation of these rights without endangering the universal claim of the idea itself. The quasi-transcendental legitimation of the idea of human rights developed by the Frankfurt philosopher and Habermas pupil Rainer Forst can be seen as a strategy of validation of the universality of human rights that is able to integrate arguments centred around Eurocentrism in a pluralistic hermeneutics of human rights. Forst’s theory can be read as a response to Amartya Sen’s criticism of transcendentalism as it is developed in his philosophy of justice.
11. International Journal of Applied Philosophy: Volume > 26 > Issue: 2
About the Contributors
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