| Titre : | Law and morality at war |
| Auteurs : | Adil ahmad Haque |
| Type de document : | Books |
| Editeur : | Oxford : Oxford University Press, 2017 |
| Article en page(s) : | 285 p. |
| Collection : | Oxford legal philosophy |
| ISBN/ISSN/EAN : | 978-0-19-968739-8 |
| Langues: | Anglais |
| Index. décimale : | 341.6 |
| Tags : | War--Moral and ethical aspects ; War (International law) |
| Résumé : |
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover. The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Review: The legal regulation of warfare involves an ever-present tension between idealism and realism, between imagining a more perfect arrangement for human affairs and making peace with the reality that war is, in some cases, inevitable. In this stimulating and provocative book, Haque deftly combines close legal analysis about the current state of international law with philosophical insights on how it should evolve. Few scholars have such an impressive command of both domains and the insight and daring to combine them so effectively. * Jens David Ohlin, Professor of Law, Cornell Law School, USA * This book is the single best work to date on the relation between the morality of war and the law of war. Over the past two decades many of the elements of the traditional theory of the just war have been effectively subverted by philosophical criticism. Because this theory has been assumed to provide a moral foundation for the contemporary law of war, international lawyers have been under pressure either to rebut the objections, supply new moral foundations for existing law, or reinterpret or revise the law to render it compatible with our best understanding of the morality of war. Haque's exceptionally brilliant book combines and defends responses of all three types in seeking to bring law and morality into closer congruence. It is a masterpiece of both legal theory and moral philosophy. * Jeff McMahan, White's Professor of Moral Philosophy, University of Oxford * This superb book asks how morality and law can get a purchase on the violence of war. Law and Morality at War combines philosophical sophistication with a deep knowledge of the law, and that makes it uniquely valuable. In the past decade, philosophers have subjected the so-called "just war theory" to searching examination, with results that are sometimes startling. At the same time, seemingly endless wars in the Middle East have forced lawyers to confront new and intricate legal questions. All too often the two tracks of philosophy and law ignore each other. Haque is one of the few scholars with the skill, breadth of knowledge, and human wisdom to bring them together. The book is a major contribution that ought to attract readers both in and outside the academy. * David Luban, University Professor, Georgetown Law * |
| En ligne : | https://trove.nla.gov.au/version/241980693 |
Exemplaires (1)
| Code-barres | Cote | Support | Localisation | Section | Disponibilité |
|---|---|---|---|---|---|
| 306246 | 341.6 HAQ L | Book | Royal Military Academy | Sciences du comportement | Disponible |
