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War and Self-Defense

David Rodin

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199257744
eISBN:
9780191601811
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199257744.001.0001
Subject:
Philosophy, Political Philosophy

This book explores the moral response to war and aggression within the context of self-defence. Two main projects are undertaken: to explain defensive rights in their most general form, and determine ... More


Non‐combatant Immunity and the Definition of Non‐innocence and Innocence

Uwe Steinhoff

in On the Ethics of War and Terrorism

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217373
eISBN:
9780191712470
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217373.003.0005
Subject:
Political Science, Political Theory

This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the ... More


Normative Innovation and the Great Powers

Justin Morris

in International Society and its Critics

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199265206
eISBN:
9780191601866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199265208.003.0016
Subject:
Political Science, International Relations and Politics

In this final chapter, The author asks whether the shift from a multipolar to unipolar society of states has led to normative change in international society, using the norm prohibiting the use of ... More


Fighting Crime Without Punishment

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0011
Subject:
Political Science, Political Theory

In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter ... More


The Compliance Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0009
Subject:
Political Science, Political Theory

The compliance problem concerns conduct that conflicts with the rights that define justice or the requirements of the rule of law; it is the need to close the gap between the conduct that justice and ... More


The Ends of Harm: The Moral Foundations of Criminal Law

Victor Tadros

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199554423
eISBN:
9780191731341
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554423.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most ... More


Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


On Getting One's Retaliation in First 1

Suzanne Uniacke

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0004
Subject:
Political Science, Political Theory

This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is ... More


The Problem with Prevention 1

David Rodin

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0007
Subject:
Political Science, Political Theory

This chapter argues that there are profound moral problems with the doctrine of preventive war. The consequentialist approaches to preventive war are first examined. The chapter then examines whether ... More


Preventive War and Human Rights 1

David Luban

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0008
Subject:
Political Science, Political Theory

This chapter responds to some objections to an earlier argument that proposed a theory of preventive war. This theory sought to assimilate preventive war to self-defence, but only under restricted ... More


The Parameters of Self-Defence

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the conditions and rules attached to the exercise of self-defence, with particular reference to circumstances involving non-state actors. The requirement of necessity is shown ... More


Jus ad Bellum, Iraq, and the War on Terror

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0002
Subject:
Political Science, Political Theory, International Relations and Politics

The Bush administration argued vigorously that the 2003 Iraq war was just. The war's critics similarly invoked the language and concepts of the just war tradition to register their opposition. These ... More


Pre‐emptive War on Iraq

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0003
Subject:
Political Science, Political Theory, International Relations and Politics

Continuing the discussion of the Bush administration's just cause began in Chapter 1, this chapter examines the arguments put forward for pre‐emptive war and responses to those arguments. The Bush ... More


Jihad and Al‐Qaeda's Just Cause

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter begins with an overview of the development of the Islamic just war tradition (jihad). It then narrows the focus to the critical issue of just cause. Osama bin Laden and his deputy, Ayman ... More


Conclusion

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0008
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter synthesizes the discussion in the preceding chapters and offers some conclusions on moral traditions, on just war, on the ‘war on terror’, and on al‐Qaeda. It ends with the argument that ... More


Justification

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0007
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter argues that it is impossible to generalize about the nature and rationale of legal justifications because justifications divide themselves into two categories each of which is further ... More


Self-Generated Self-Defence

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, ... More


The Fight Against Terrorism

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.06
Subject:
Law, Philosophy of Law

This chapter presents a constrained cost-benefit analysis of measures taken in the fight against terrorism. It begins by characterizing and criticizing existing normative economic analysis of the ... More


On Talkativeness

Lieve Van Hoof

in Plutarch's Practical Ethics: The Social Dynamics of Philosophy

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199583263
eISBN:
9780191723131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199583263.003.0007
Subject:
Classical Studies, Ancient Greek, Roman, and Early Christian Philosophy

This chapter is concerned with On Talkativeness, a ‘psychotherapeutic’ work discussing speech, a central issue in elite culture in Plutarch's days. As opposed to earlier authors such as Theophrastus, ... More


Extraterritorial Use of Force Against Non-State Actors

Noam Lubell

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from ... More


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