Pacifism and realism both presuppose an unbridgeable gap between war and morality. The pacifist, abhorring the suffering caused by violence, concludes that war is the consummate evil and rejects it under any circumstances. The realist, beginning from a similar assessment regarding the evil of war, concludes that those who bring war on a peaceful nation deserve all the maledictions its people can pour out. These views reflect the negative duty not intentionally to harm innocent persons, on one hand, and the positive obligation that innocent persons be protected, on the other. The pacifist views the prohibition against harming others as more fundamental; the realist accepts the positive duty to protect others as more basic. Historically, the just war tradition has provided an alternative to these extremes. Recent events in the conduct of wars around the world have, however, called into question the relevancy of certain aspects of the just war tradition for modern wars. In this work I critically examine the notion of a just war in terms of both jus ad bellum, or the justifications for going to war, and jus in bello, or the just means of waging war, as it is reflected in international law. I begin with a discussion of various formulations of the realist's and pacifist's positions and argue that the just war tradition provides a reasonable alternative to either of these extremes. I then briefly trace the historical development of the just war tradition beginning with Roman Law. The purpose of this historical analysis is to identify those moral principles and arguments that inspired the development of various aspects of the just war tradition so that these same principles and arguments can be used as a basis for reevaluating existing rules in light of modern tactics and technology. Finally, I expose and discuss serious deficiencies with the way the just war tradition is reflected in current international law and offer proposals for how these problems might be addressed. My conclusion is that the just war tradition can provide effective guidelines for ameliorating the tragedy of war now and into the 21st Century if the issues I identify are adequately addressed.
| Identifer | oai:union.ndltd.org:UMASS/oai:scholarworks.umass.edu:dissertations-6909 |
| Date | 01 January 1990 |
| Creators | Christopher, Paul Pasquale |
| Publisher | ScholarWorks@UMass Amherst |
| Source Sets | University of Massachusetts, Amherst |
| Language | English |
| Detected Language | English |
| Type | text |
| Source | Doctoral Dissertations Available from Proquest |
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