Kant and the Law of War

The law and morality of war have received renewed attention, with Ripstein arguing that a special morality governs war due to its distinctive immorality. He provides a Kantian account of the state as a public legal order, articulating the right of national defense, the importance of conducting war in ways that preserve the possibility of a future peace, and the role of international institutions in bringing force under law.

Format: Hardback
Length: 288 pages
Publication date: 17 November 2021
Publisher: Oxford University Press Inc

The past two decades have witnessed a resurgence of scholarly and public interest in the law and morality of war, with positions that originated in the late Middle Ages through the seventeenth century receiving more sophisticated philosophical elaboration. While many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have yet to be fully integrated into these debates. Ripstein argues that war is governed by a unique morality due to its inherent immorality: the wrongfulness of entering or remaining in a condition where force decides everything provides the standards for evaluating the grounds for initiating war, the ways in which wars are fought, and the consequences of past wars. This book represents a significant intervention into just war theory from one of the most influential contemporary interpreters and exponents of Kant's political and legal theories.

Beginning with the distinction between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this backdrop, he offers innovative accounts of the right of national defense, the importance of conducting war in ways that preserve the possibility of future peace, and the distinctive role of international institutions in bringing force under law.

Ripstein's approach is grounded in a deep understanding of Kant's philosophy and its application to the study of war. He emphasizes the importance of distinguishing between the moral right to defend oneself and the moral obligation to prevent harm to others. He also explores the ethical implications of using force in war, including the use of weapons of mass destruction and the targeting of civilians.

One of the key insights of Ripstein's book is his recognition of the role of international institutions in promoting peace and security. He argues that the United Nations, in particular, plays a crucial role in regulating the use of force and preventing conflicts from escalating into wars. Ripstein also discusses the challenges of implementing international law and the role of individual states in upholding their obligations under international law.

Overall, "The Law and Morality of War" is a thought-provoking and comprehensive exploration of the law and morality of war. It offers a fresh perspective on just war theory and provides valuable insights into the ethical and political considerations involved in the use of force in conflict. This book will be of interest to scholars, policymakers, and anyone concerned with the study of war and peace.

Weight: 540g
Dimension: 166 x 243 x 30 (mm)
ISBN-13: 9780197604205