Kant and the Law of War

Author: Arthur Ripstein
Publisher: Oxford University Press
ISBN: 9780197604205
Published In: November 2021
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Arthur Ripstein is Professor of Law and Philosophy and University Professor at the University of Toronto, where he holds the Howard Beck QC Chair in law. He was educated at the Universities of Manitoba (BA) and Pittsburgh (PhD) and Yale Law School. He was awarded the 2021 Killam Prize for the Humanities by the Canada Council for the Arts.

Dedication

Acknowledgements

1. Law, Morality and War

2. Political Independence, Territorial Integrity, and Private Law Analogies

3. National Defense

4. Ius in Bello I: Perfidy

5. Ius in Bello II: Combatants and Civilians

6. Ius in Bello III: Punishment

7. Ius Post Bellum: Kant's Juridical Critique of Colonialism

8. The Structure of Peace: Global Institutions and Cosmopolitan Right