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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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War and Individual Rights - The Foundations of Just War Theory (Hardcover)
Loot Price: R1,568
Discovery Miles 15 680
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War and Individual Rights - The Foundations of Just War Theory (Hardcover)
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Kai Draper begins his book with the assumption that individual
rights exist and stand as moral obstacles to the pursuit of
national no less than personal interests. That assumption might
seem to demand a pacifist rejection of war, for any sustained war
effort requires military operations that predictably kill many
noncombatants as "collateral damage," and presumably at least most
noncombatants have a right not to be killed. Yet Draper ends with
the conclusion that sometimes recourse to war is justified. In
making his argument, he relies on the insights of John Locke to
develop and defend a framework of rights to serve as the foundation
for a new just war theory. Notably missing from that framework is
any doctrine of double effect. Most just war theorists rely on that
doctrine to justify injuring and killing innocent bystanders, but
Draper argues that various prominent formulations of the doctrine
are either untenable or irrelevant to the ethics of war. Ultimately
he offers a single principle for assessing whether recourse to war
would be justified. He also explores in some detail the issue of
how to distinguish discriminate from indiscriminate violence in
war, arguing that some but not all noncombatants are liable to
attack.
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