Includes bibliographical references (pages 200-207) and index.
CONTENTS NOTE
Text of Note
Introduction: The argument -- The status of moral claims -- War and consequentialism -- Part I: Self-defense -- Rights -- Hohfeld's building blocks -- Logical structure of rights -- Having a right and being in the right -- Justification and excuse -- Model of defensive rights -- A three-legged stool -- Defense as a derivative right -- Limits on the right: necessity, imminence, proportionality -- Bounds of proportionality -- Consequences and forced choice -- The lesser evil -- Forced choice -- The resilience of responsibility -- Grounding self-defense in rights -- Forfeiture and rights of limited scope -- The role of fault -- Innocent threats and innocent aggressors -- Objective wrongdoing -- Moral subjects -- Variety of excuses -- Part II: National-defense -- International law -- National-defense in international law -- Limits of the right -- Need for a normative foundation -- War and defense of persons -- Two levels of war -- Reductive strategy -- Imminent and conditional threats -- War and the protection of persons -- War and the common life -- Political association -- The character of common lives -- Communal integrity and self-determination -- Myth of descrete communities -- War, responsibility, and law enforcement -- Paradox in the just war theory -- Responsibility of soldiers -- War and law enforcement -- Argument for a universal state -- Conclusion: Morality and realism.
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SUMMARY OR ABSTRACT
Text of Note
When is it right to go to war? The most persuasive answer to this question has been 'in self-defense'. In a new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations--Publisher's description.