Just-War Theory

Just-War Theory
Kosovo Summer University
University of Prishtina
Prishtina, Kosova
23 July - 3 August 2001

Developed in the Middle Ages, the just-war theory has become the leading contemporary account of when it would be morally permissible to go to war (the jus ad bellum) and what it would be morally permissible to do in fighting a just war (the jus in bello). This course will study the basic principles of that theory, concentrating on the questions of just cause and just means. The course will begin by contrasting just-war theory with pacifism, on one side, and more permissivist or "realist" answers to these same questions on the other. Next it will take up the jus ad bellum, discussing such issues as aggression, secession, and humanitarian intervention. The third topic will be the jus in bello, including such topics as non-combatant immunity, guerrilla warfare, and terrorism. Finally, the course will look at the concept of war crimes. The course will be primarily philosophical but will also give attention to the connection between the conclusions of moral philosophy and current international law. The primary text will be Michael Walzer's Just & Unjust Wars, which the author characterizes as "a moral argument with historical illustrations." The primary methodology will be a close reading, discussion, and evaluation of some of the chapters of that book. This will be supplemented by lectures and discussion touching on some of the features of the theory less prominent in Walzer's book.

Date	Lecture Topic & Reading Assignment:
23 July	Lecture: Moral Evaluation of Human Actions Reading: Walzer, Just & Unjust Wars, ch. 1, Against Realism
24 July	Lecture: The Jus ad bellum Reading: Walzer, ch. 2, The Crime of War
25 July	Lecture: The Jus in bello Reading: Walzer, ch. 3, The Rules of War
26 July	Lecture: Just-War Theory, Pacifism, & Permissivism Reading: Walzer, ch. 4, Law & Order in International Society Aquinas, "Whether it is always sinful to wage war?" Kemp, "Just-War Theory: A Reconceptualization" Kemp, "Just-War Theory & Its Non-Pacifist Rivals"
27 July	Lecture: Just Cause Reading: Walzer, ch. 6, Interventions Kemp, "Punishment as Just Cause for War"
30 July	Lecture: Conscientious Objection Reading: Walzer, ch. 7, War’s Ends Walzer, ch. 8, War’s Means Kemp, "Conscientious Objection"
31 July	Lecture: The Principle of Double Effect Reading: Walzer, ch. 9, Non-combatant Immunity Aquinas, "Is it lawful to kill a man in self-defense?"
1 Aug	Reading: Walzer, ch. 11, Guerrilla War Walzer, ch. 12, Terrorism (pp. 197-204)
2 Aug	Lecture: International Law Reading: Walzer, ch. 13, Reprisals (pp. 207-210)
3 Aug	Reading: Walzer, ch. 19, War Crimes

"Morality & War" in Trevor N. Dupuy, ed., International Military & Defense Encyclopedia (Pergamon-Brassey's, 1992).

"Right Intention & the Oil Factor in the Second Gulf War" in Philosophy in the Contemporary World 1:1 (Spring 1994): 15-20.

"The Strategic Defense Initiative & the Criterion of Proportionality" in Douglas P. Lackey, ed., Ethics & Strategic Defense (Wadsworth, 1988).

"The Moral Case for the Strategic Defense Initiative" in Catholicism in Crisis 3 (1985): 7: 20-23.

"Professional Military Ethics" in Trevor N. Dupuy, ed., International Military & Defense Encyclopedia (Pergamon-Brassey's, 1992).

"Civil Supremacy: Its Nature & Limits" with Charles Hudlin. Armed Forces & Society 19 (1992): 1: 7-26.

"Military Research as a Civic Duty" Ethical Issues Associated with Scientific & Technological Research for the Military, Carl Mitcham & Philip Siekevitz, eds. (Annals of the New York Academy of Sciences, Vol. 557 (1990)), pp. 115-121.