War and self-defense
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defence'. David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defence which resolves many of the perplexing questions that have...
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| Language: | English |
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Oxford, UK
Clarendon Press
2002
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Table of Contents:
- 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.


