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Full-Text Articles in Law
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
Scholarly Articles
This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
Scholarly Articles
In this brief comment, I want to argue, without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force. To do this, we should take into account the procedural values of modern constitutional democracy and transnational governance. We should also consider the intentions established through the political processes legitimating those war aims as the relevant intentions for assessing whether the use of force comports with the moral criteria of the just war. Indeed, if the just war's aims are …