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Kant and the Law of War (Hardcover)
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Kant and the Law of War (Hardcover)
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The past two decades have seen renewed scholarly and popular
interest in the law and morality of war. Positions that originated
in the late Middle Ages through the seventeenth century have
received more sophisticated philosophical elaboration. Although
many contemporary writers appeal to ideas drawn from Kant's moral
philosophy, his explicit discussions of war have not yet been
brought into their proper place in these debates. Ripstein argues
that a special morality governs war because of its distinctive
immorality: the wrongfulness of entering or remaining in a
condition in which force decides everything provides the standards
for evaluating the grounds of initiating war, the ways in which
wars are fought, and the results of past wars. The book is a major
intervention into just war theory from the most influential
contemporary interpreter and exponent of Kant's political and legal
theories. Beginning from the difference between governing human
affairs through words and through force, Ripstein articulates a
Kantian account of the state as a public legal order in which all
uses of force are brought under law. Against this background, he
provides innovative accounts of the right of national defence, the
importance of conducting war in ways that preserve the possibility
of a future peace, and the distinctive role of international
institutions in bringing force under law.
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