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Books > Social sciences > Warfare & defence > Theory of warfare & military science
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Ethics and the Laws of War - The Moral Justification of Legal Norms (Paperback)
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Ethics and the Laws of War - The Moral Justification of Legal Norms (Paperback)
Series: Contemporary Security Studies
Expected to ship within 12 - 17 working days
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This book is an examination of the permissions, prohibitions and
obligations found in just war theory, and the moral grounds for
laws concerning war. Pronouncing an action or course of actions to
be prohibited, permitted or obligatory by just war theory does not
thereby establish the moral grounds of that prohibition, permission
or obligation; nor does such a pronouncement have sufficient
persuasive force to govern actions in the public arena. So what are
the moral grounds of laws concerning war, and what ought these laws
to be? Adopting the distinction between jus ad bellum and jus in
bello, the author argues that rules governing conduct in war can be
morally grounded in a form of rule-consequentialism of negative
duties. Looking towards the public rules, the book argues for a new
interpretation of existing laws, and in some cases the
implementation of completely new laws. These include recognising
rights of encompassing groups to necessary self-defence;
recognising a duty to rescue; and considering all persons neither
in uniform nor bearing arms as civilians and therefore fully immune
from attack, thus ruling out 'targeted' or 'named' killings. This
book will be of much interest to students of just war theory,
ethics of war, international law, peace and conflict studies, and
Security Studies/IR in general.
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