War for the Wrong Reasons: Lessons from Law

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War for the Wrong Reasons: Lessons from Law

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Title: War for the Wrong Reasons: Lessons from Law
Author: Goldberg, John C. P.; Blum, Gabriella

Note: Order does not necessarily reflect citation order of authors.

Citation: Gabriella Blum & John C.P. Goldberg, War for the Wrong Reasons: Lessons from Law, 11 J. Moral Philosophy 454 (2014).
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Abstract: In Ethics for Enemies, Frances Kamm argues that, under certain conditions, it is mor-ally permissible for a state to launch a war for opportunistic reasons. We consider how law might shed light on Kamm’s argument. Part I addresses the application of criminal and tort law to individual acts of violence analogous to the acts of war analyzed by Kamm. It primarily argues that these bodies of law rely on a framework for determining legal permissibility that runs counter to, and perhaps demonstrates weaknesses in, Kamm’s framework for assessing moral permissibility. Part II considers the law of war. It maintains that, although modern law permits certain opportunistic acts of war, the law does so on terms that cut against Kamm’s claim as to their moral permissibility.
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12763591
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