The Philosophy of War

 The Law of War
The law of war is the component of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of warring parties (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.

Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with distinction and proportionality; and the prohibition of certain weapons that may cause unnecessary suffering.

The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war.


  https://en.wikipedia.org/wiki/Law_of_war

  See also



The philosophy of war is the area of philosophy devoted to examining issues such as the causes of war, the relationship between war and human nature, and the ethics of war. Certain aspects of the philosophy of war overlap with the philosophy of history, political philosophy, international relations and the philosophy of law.

Works about the Philosophy of War

Perhaps the greatest and most influential work in the philosophy of war is On War by Carl von Clausewitz. It combines observations on strategy with questions about human nature and the purpose of war. Clausewitz especially examines the teleology of war: whether war is a means to an end outside itself or whether it can be an end in itself. He concludes that the latter cannot be so, and that war is "politics by different means"; i.e. that war must not exist only for its own sake. It must serve some purpose for the state. 

Leo Tolstoy's novel War and Peace contains frequent philosophical digressions on the philosophy of war (and broader metaphysical speculations derived from Christianity and from Tolstoy's observations of the Napoleonic Wars). It was influential on later thought about war. Tolstoy's Christian-centered philosophy of war (especially his essays "A Letter to a Hindu" and "The Kingdom of God is Within You") was a direct influence on Gandhi's Hinduism-centered non-violent resistance philosophy.

While Sun Tzu's The Art of War, focuses mostly on weaponry and strategy instead of philosophy, his observations are often broadened into a philosophy applied in situations extending well beyond war itself (see the main Wikipedia article on The Art of War for a discussion of the application of Sun Tzu's philosophy to areas other than war). 

Parts of Niccolò Machiavelli's masterpiece The Prince (as well as Discourses) and parts of his own work titled The Art of War discuss some philosophical points relating to war, though neither book could be said to be a work in the philosophy of war. 

Just War Theory

The Indian Hindu epic, the Mahabharata, offers the first written discussions of a "just war" (dharma-yuddha or "righteous war"). In it, one of five ruling brothers (Pandavas) asks if the suffering caused by war can ever be justified. A long discussion then ensues between the siblings, establishing criteria like proportionality (chariots cannot attack cavalry, only other chariots; no attacking people in distress), just means (no poisoned or barbed arrows), just cause (no attacking out of rage), and fair treatment of captives and the wounded. The philosophy of just war theorizes what aspects of war are justifiable according to morally acceptable principles. Just war theory is based upon four core criteria to be followed by those determined to go to war. The four principles are as follows: just authority; just cause; right intention; last resort. 

Just Authority

The criterion of just authority refers to the determined legality of going to war, has the concept of war and the pursuit of it been legally processed and justified? 

Just Cause

Just cause is a justifiable reason that war is the appropriate and necessary response. If war can be avoided, that must be determined first, according to the philosophy of just war theory. 

Right Intention

To go to war, one must determine if the intentions of doing so are right according to morality. Right intention criterion requires the determination of whether or not a war response is a measurable way to the conflict being acted upon. 

Last Resort

War is a last resort response, meaning that if there is a conflict between disagreeing parties, all solutions must be attempted before resorting to war. 

Traditions of Thought

Since the philosophy of war is often treated as a subset of another branch of philosophy (for example, political philosophy or the philosophy of law) it would be difficult to define any clear-cut schools of thought in the same sense that, e.g., Existentialism or Objectivism can be described as distinct movements. The Stanford Encyclopedia of Philosophy refers to Carl von Clausewitz as "the only (so-called) philosopher of war", implying that he is the only (major) philosophical writer who develops a philosophical system focusing exclusively on war. However, discernible traditions of thought on war have developed over time, so that some writers have been able to distinguish broad categories (if somewhat loosely). 

Teleological Categories

Anatol Rapoport's introduction to his edition of the J. J. Graham translation of Clausewitz's On War identifies three main teleological traditions in the philosophy of war: the cataclysmic, the eschatological, and the political. (On War, Rapoport's introduction, 13). These are not the only possible teleological philosophies of war, but only three of the most common. As Rapoport says, 

To put it metaphorically, in political philosophy war is compared to a game of strategy (like chess); in eschatological philosophy, to a mission or the dénouement of a drama; in cataclysmic philosophy, to a fire or an epidemic.

These do not, of course, exhaust the views of war prevailing at different times and at different places. For example, war has at times been viewed as a pastime or an adventure, as the only proper occupation for a nobleman, as an affair of honor (for example, the days of chivalry), as a ceremony (e.g. among the Aztecs), as an outlet of aggressive instincts or a manifestation of a "death wish", as nature's way of ensuring the survival of the fittest, as an absurdity (e.g. among Eskimos), as a tenacious custom, destined to die out like slavery, and as a crime. (On War, Rapoport's introduction, 17) 

  • The Cataclysmic school of thought, which was espoused by Leo Tolstoy in his epic novel War and Peace, sees war as a bane on humanity – whether avoidable or inevitable – which serves little purpose outside of causing destruction and suffering, and which may cause drastic change to society, but not in any teleological sense. Tolstoy's view may be placed under the subcategory of global cataclysmic philosophy of war. Another subcategory of the cataclysmic school of thought is the ethnocentric cataclysmic, in which this view is focused specifically on the plight of a specific ethnicity or nation, for example the view in Judaism of war as a punishment from God on the Israelites in certain books of the Tenakh (Old Testament). As the Tenakh (in certain books) sees war as an ineluctable act of God, so Tolstoy especially emphasizes war as something that befalls man and is in no way under the influence of man's "free will", but is instead the result of irresistible global forces. (On War, Rapoport's introduction 16)
  • The Eschatological school of thought sees all wars (or all major wars) as leading to some goal, and asserts that some final conflict will someday resolve the path followed by all wars and result in a massive upheaval of society and a subsequent new society free from war (in varying theories the resulting society may be either a utopia or a dystopia). There are two subsets of this view: the Messianic and the Global theory. The Marxist concept of a communist world ruled by the proletariat after a final worldwide revolution is an example of the global theory, and the Christian concept of an Armageddon war which will usher in the second coming of Christ and the final defeat of Satan is an example of a theory that could fall under Global or Messianic. (On War, Rapoport's introduction, 15) The messianic eschatological philosophy is derived from the Jewish-Christian concept of a Messiah, and sees wars as culminating in unification of humanity under a single faith or a single ruler. Crusades, Jihads, the Nazi concept of a Master Race and the 19th century American concept of Manifest Destiny may also fall under this heading. (On War, Rapoport's introduction, 15) (See main articles for more information: Christian eschatology, Jewish eschatology)
  • The Political school of thought, of which Clausewitz was a proponent, sees war as a tool of the state. On page 13 Rapoport says,
    Clausewitz views war as a rational instrument of national policy. The three words "rational", "instrument" and "national" are the key concepts of his paradigm. In this view, the decision to wage war "ought" to be rational, in the sense that it ought to be based on estimated costs and gains of war. Next, war "ought" to be instrumental, in the sense that it ought to be waged in order to achieve some goal, never for its own sake; and also in the sense that strategy and tactics ought to be directed towards just one end, namely towards victory. Finally, war "ought" to be national, in the sense that its objective should be to advance the interests of a national state and that the entire effort of the nation ought to be mobilized in the service of the military objective. 
    He later characterizes the philosophy behind the Vietnam War and other Cold War conflicts as "Neo-Clausewitzian". Rapoport also includes Machiavelli as an early example of the political philosophy of war (On War, Rapoport's introduction, 13). Decades after his essay, the War on Terrorism and the Iraq War begun by the United States under President George W. Bush in 2001 and 2003 have often been justified under the doctrine of preemption, a political motivation stating that the United States must use war to prevent further attacks such as the September 11, 2001 attacks.


Ethical Categories


Another possible system for categorizing different schools of thought on war can be found in the Stanford Encyclopedia of Philosophy (see external links, below), based on ethics. The SEP describes three major divisions in the ethics of war: the realist, the pacifist, and the just war Theory. In a nutshell: 


  • Realists will typically hold that systems of morals and ethics which guide individuals within societies cannot realistically be applied to societies as a whole to govern the way they, as societies, interact with other societies. Hence, a state's purposes in war is simply to preserve its national interest. This kind of thinking is similar to Machiavelli's philosophy, and Thucydides and Hobbes may also fall under this category.
  • Pacifism however, maintains that a moral evaluation of war is possible, and that war is always found to be immoral. Generally, there are two kinds of modern secular pacifism to consider: (1) a more consequentialist form of pacifism (or CP), which maintains that the benefits accruing from war can never outweigh the costs of fighting it; and (2) a more deontological form of pacifism (or DP), which contends that the very activity of war is intrinsically wrong, since it violates foremost duties of justice, such as not killing human beings. Eugene Victor Debs and others were famous advocates of pacifistic diplomatic methods instead of war.
  • Just War Theory, along with pacifism, holds that morals do apply to war. However, unlike pacifism, according to just war theory it is possible for a war to be morally justified. The concept of a morally justified war underlies much of the concept International Law, such as the Geneva Conventions. Aristotle, Cicero, Augustine, Aquinas, and Hugo Grotius are among the philosophers who have espoused some form of a just war philosophy. One common just war theory evaluation of war is that war is only justified if 1.) waged in a state or nation's self-defense, or 2.) waged in order to end gross violations of human rights. Political philosopher John Rawls advocated these criteria as justification for war.


https://en.wikipedia.org/wiki/Philosophy_of_war



Just War Theory (Latin: jus belli justi) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: "right to go to war" (jus ad bellum) and "right conduct in war" (jus in bello). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. Recently there have been calls for the inclusion of a third category of just war theory—jus post bellum—dealing with the morality of post-war settlement and reconstruction.


The just war theory postulates the belief that war, while it is terrible (but less so with the right conduct), is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. 


Opponents of the just war theory may either be inclined to a stricter pacifist standard (which proposes that there has never been nor can there ever be a justifiable basis for war) or they may be inclined toward a more permissive nationalist standard (which proposes that a war only needs to serve a nation's interests to be justifiable). In many cases, philosophers state that individuals do not need to be plagued by a guilty conscience if they are required to fight. A few philosophers ennoble the virtues of the soldier while they also declare their apprehensions for war itself. A few, such as Rousseau, argue for insurrection against oppressive rule.


The historical aspect, or the "just war tradition", deals with the historical body of rules or agreements that have applied in various wars across the ages. The just war tradition also considers the writings of various philosophers and lawyers through history, and examines both their philosophical visions of war's ethical limits and whether their thoughts have contributed to the body of conventions that have evolved to guide war and warfare.


https://en.wikipedia.org/wiki/Just_war_theory




War   -   Stanford Encyclopedia of Philosophy

Some reject the very idea of the “morality of war”. Of those, some deny that morality applies at all once the guns strike up; for others, no plausible moral theory could license the exceptional horrors of war. The first group are sometimes called realists. The second group are pacifists. The task of just war theory is to seek a middle path between them: to justify at least some wars, but also to limit them (Ramsey 1961). Although realism undoubtedly has its adherents, few philosophers find it compelling. The real challenge to just war theory comes from pacifism. And we should remember, from the outset, that this challenge is real. The justified war might well be a chimera.

However, this entry explores the middle path between realism and pacifism. It begins by outlining the central substantive divide in contemporary just war theory, before introducing the methodological schisms underpinning that debate. It then discusses the moral evaluation of wars as a whole, and of individual acts within war (traditionally, though somewhat misleadingly, called jus ad bellum and jus in bellorespectively). 

Table of Contents




The Philosophy of War

war

Any philosophical examination of war will  center on four general questions: What is war? What causes war? What is the relationship between human nature and war? Can war ever be morally justifiable?

Defining what war is requires determining the entities that are allowed to begin and engage in war. And a person’s definition of war often expresses the person’s broader political philosophy, such as limiting war to a conflict between nations or state.   Alternative definitions of war can include conflict not just between nations but between schools of thought or ideologies.

Answers to the question “What causes war?” largely depend on the philosopher’s views on determinism and free will.  If a human’s actions are beyond his or her control, then the cause of war is irrelevant and inescapable.  On the other hand, if war is a product of human choice, then three general groupings of causation can be identified: biological, cultural, and reason.  While exploring the root cause of conflict, this article investigates the relationship between human nature and war.

Finally, the question remains as to whether war is ever morally justified.  Just war theory is a useful structure within which the discourse of war may be ethically examined.  In the evolving context of modern warfare, a moral calculus of war will require the philosopher of war to account not only for military personnel and civilians, but also for justifiable targets, strategies, and use of weapons.

The answers to all these questions lead on to more specific and applied ethical and political questions.  Overall, the philosophy of war is complex and requires one to articulate consistent thought across the fields of metaphysics, epistemology, philosophy of mind, political philosophy, and ethics.

Table of Contents

  1. What is War?
  2. What causes war?
  3. Human Nature and War
  4. War and Political and Moral Philosophy
  5. Summary
Internet Encyclopedia of Philosophy 
https://iep.utm.edu/war/


Is Putin’s War Legal? - A thorough examination of legal precedent is necessary before coming to snap conclusions about Russia’s invasion, including what St. Thomas Aquinas has to do with Vladimir Putin, writes Joe Lauria. 
https://consortiumnews.com/2022/03/29/is-putins-war-legal/



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