The morality of the laws of war : war, law, and murder / Marcela Prieto Rudolphy.

Format:

Book

Author/Creator:

Prieto Rudolphy, Marcela, author.

Series:

Oxford monographs in international humanitarian and criminal law.

Oxford scholarship online.

Oxford monographs in international humanitarian and criminal law

Oxford scholarship online

Language:

English

Subjects (All):

War--Moral and ethical aspects.

War.

Physical Description:

1 online resource (247 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

This title examines the modern landscape of the ethics of war. Marcela Prieto Rudolphy assesses the conflicting theories on the legality of just and unjust combatants. While doing this, she proposes an alternative morality of war proceeding from the inescapable fact that regulating war is always a significant moral compromise.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

I. Introduction: The Problem with the Legal Equality of Combatants

I. Just War and Just Combatants

II. The Laws on Killing in War

A. Who Is a Privileged Combatant?

B. Who Can Be Targeted?

C. How to Kill?

D. When Does the Privilege to Kill Apply?

Part 1. The Revisionist Morality and the Laws of War

II. Combatants and the Privilege to Kill

I. Introduction

II. War and Hohfeld

III. Privileged Killings and Privileged Combatants

IV. A Mere Immunity from Prosecution?

V. Conclusion

III. Regulating Murder: Instrumentalism and the Revisionist Morality

II. Instrumentalism and the Humanitarian View

A. The Humanitarian View

III. Instrumentalism: The Appeal and the Objections

IV. War and Perpetual Peace

Part 2. Attenuating Instrumentalism's Fragility

IV. Non-Instrumentalism and the Revisionist Morality

II. The Moral Division of Labour and Role Morality

III. Democratic Authority

IV. Conclusion

V. Just Wars, Just Combatants, Just Killings?

II. Revisionism

A. Methodological Revisionism

B. Substantive Revisionism: Liability and Self-Defence

1. Liability to harm

2. The moral responsibility account of liability

III. Liability, Self-Defence, and their Limitations

A. Killing Aggressors: Liability, Combatants, and the Villainous Aggressor

1. Unjust combatants and the threats they pose

2. Unjust combatants and moral responsibility

B. Killing Enemy Combatants

C. Killing the Many: Unjust Combatants and the Number of Aggressors

1. Unjust combatants and narrow proportionality

2. Unjust combatants and necessity

VI. The Non-liability of Unjust Combatants

I. Introduction.

II. Unjust Combatants and the Problem with Forfeiture

III. A Lesser-Evil Justification

A. What is a Lesser-Evil Justification?

IV. Lesser-Evil Justifications, Killing in War, and the Combined Justification

A. Lesser Evil instead of Liability

B. Lesser Evil with Liability: The Combined Justification

VII. Beyond Self-Defence

II. Recap and the Chain of Command Issue

III. Just War and Killing

A. A Just War

B. Just War and Unjust Combatants

IV. Permissibility in Defensive Harm

A. Moral Residue: Acting Against Important Values

B. Small Differences in the Weight of Reasons

C. Wronging the Non-Liable

D. Back to Small Differences in the Weight of Reasons

V. Permissibility: Implications and Advantages

VI. Permissibility: Objections

VII. Conclusion

VIII. Unjust Combatants

II. A Background of Duress and Uncertainty

III. Collective Enterprises and Their Moral Heterogeneity

A. Just Wars: Fighting Unjustly

B. The Problem of Small Contributions

1. It makes no difference whether or not I fight

2. It makes no difference whether or not I surrender

IV. Risking Your Life

A. Unjust Combatants, Counter-Defence, and Defence of Others

B. It's You or Me: Doing Your Share and Deflecting Harm

V. Conclusion: The Small Moral World of Combatants

Conclusion: The Peace That Was Promised

Bibliography

Index.

Notes:

This edition also issued in print: 2023.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on June 27, 2023).

Other Format:

Print version: Rudolphy, Marcela Prieto The Morality of the Laws of War

ISBN:

0-19-194563-3

0-19-266791-2

0-19-266792-0

OCLC:

1378390765