Law Ethics and the War on Terror

Author: Matthew Evangelista
Publisher: John Wiley & Sons
ISBN: 9780745639680
Release Date: 2013-04-22
Genre: Political Science

In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.


Author: South Texas College of Law
ISBN: STANFORD:36105063785088
Release Date: 2009
Genre: Political Science

On the Ethics of War and Terrorism

Author: Uwe Steinhoff
Publisher: Oxford University Press
ISBN: 9780199217373
Release Date: 2007-05-24
Genre: Philosophy

Steinhoff deals with topical and urgent questions: When is a war just, and when not?, describing and explaining the basic tenets of just war theory and giving a succinct, precise and highly critical account of the present status of the theory and of the most important and controversial current debates surrounding it.

Just War Against Terror

Author: Jean Elshtain
Publisher: Basic Books
ISBN: 9780786723591
Release Date: 2008-08-04
Genre: History

Jean Bethke Elshtain advocates "just war" in times of crisis and mounts a reasoned attack against the anti-war contingent in American intellectual life. Advocating an ethic of responsibility, Elshtain forces us to ask tough questions not only about the nature of terrorism, but about ourselves. This paperback edition features a new introduction by the author, addressing the Iraq war and other events in the Middle East.

The Ethics of Interrogation

Author: Paul Lauritzen
Publisher: Georgetown University Press
ISBN: 9781589019737
Release Date: 2013

Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? This book explores this question. Lauritzne takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation.

Targeted Killings

Author: Claire Finkelstein
Publisher: Oxford University Press
ISBN: 9780199646487
Release Date: 2012-03-01
Genre: Law

The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.

The Ethics of War and Peace

Author: Helen Frowe
Publisher: Routledge
ISBN: 9781317370598
Release Date: 2015-10-16
Genre: Philosophy

The Ethics of War and Peace is a lively introduction to one of the oldest but still most relevant ethical debates. Focusing on the philosophical questions surrounding the ethics of modern war, Helen Frowe presents contemporary just war theory in a stimulating and accessible way. This 2nd edition includes new material on weapons and technology, and humanitarian intervention, in addition to: theories of self-defence and national defence jus ad bellum, jus in bello and jus post bellum the moral status of combatants the principle of non-combatant immunity and the nature of terrorism and the moral status of terrorists. Each chapter uses examples and concludes with a summary, discussion questions and suggestions for further reading to aid student engagement, learning and revision. The glossary has been expanded to cover the full range of relevant terminology. This is the ideal textbook for students of philosophy and politics approaching this important area for the first time.

Terrorism and the Ethics of War

Author: Stephen Nathanson
Publisher: Cambridge University Press
ISBN: 0521137160
Release Date: 2010-05-13
Genre: Philosophy

Most people strongly condemn terrorism; yet they often fail to say how terrorist acts differ from other acts of violence such as the killing of civilians in war. Stephen Nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics of war. His book challenges influential views on the ethics of war, including the realist view that morality does not apply to war, and Michael Walzer's defence of attacks on civilians in 'supreme emergency' circumstances. It provides a clear definition of terrorism, an analysis of what makes terrorism morally wrong, and a rule-utilitarian defence of noncombatant immunity, as well as discussions of the Allied bombings of cities in World War II, collateral damage, and the clash between rights theories and utilitarianism. It will interest a wide range of readers in philosophy, political theory, international relations and law.

Legislating the War on Terror

Author: Benjamin Wittes
Publisher: Brookings Institution Press
ISBN: 9780815704171
Release Date: 2010-02-01
Genre: Political Science

The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of targeted killing as a counterterrorism tool. How should Congress authorize, regulate, and limit counterterrorism tools, and under what circumstances should it permit and encourage their use? The authors of this book share a commitment to pushing a reluctant Congress to play a more active role than it has to date in writing the rules of the road.

Spaces of Security and Insecurity

Author: Alan Ingram
Publisher: Ashgate Publishing, Ltd.
ISBN: 0754673499
Release Date: 2009
Genre: Science

This work addresses current debates on social theory by deploying three approaches to interrogate the War on Terror: discourse and performance, biopolitics and governmentality, and affect. In doing so, it demonstrates the reach of the War on Terror into a wide variety of social contexts, its effects, and how people are responding to it.

Terrorism Ticking Time Bombs and Torture

Author: Fritz Allhoff
Publisher: University of Chicago Press
ISBN: 9780226014821
Release Date: 2012-07-24
Genre: Philosophy

The general consensus among philosophers is that the use of torture is never justified. In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the lesser of two evils. Allhoff does not take this position lightly. He begins by examining the way terrorism challenges traditional norms, discussing the morality of various practices of torture, and critically exploring the infamous ticking time-bomb scenario. After carefully considering these issues from a purely philosophical perspective, he turns to the empirical ramifications of his arguments, addressing criticisms of torture and analyzing the impact its adoption could have on democracy, institutional structures, and foreign policy. The crucial questions of how to justly authorize torture and how to set limits on its use make up the final section of this timely, provocative, and carefully argued book.

Just Wars

Author: Alex J. Bellamy
Publisher: Polity
ISBN: 9780745632827
Release Date: 2006-11-17
Genre: Political Science

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention.

The Ethics of War

Author: Saba Bazargan
Publisher: Oxford University Press
ISBN: 9780199376148
Release Date: 2017-01-31
Genre: Just war doctrine

Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world." Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

Law and the Long War

Author: Benjamin Wittes
Publisher: Penguin
ISBN: 159420179X
Release Date: 2008
Genre: Law

A nonpartisan analysis of the consequences of the Bush administration's legal battles pertaining to the war on terror takes a controversial stance that America's executive branch took necessary aggressive steps and only failed to obtain the support of other branches of government. 25,000 first printing.