Law and Morality at War

Law and Morality at War provides a normative framework for evaluating, interpreting, and reforming the law of armed conflict, defending existing protections for civilians, proposing new protections for combatants, and interpreting vague and ambiguous rules in their morally best light. It makes original contributions to debates in moral and legal philosophy and addresses the complex problems of the modern battlefield, aiming to better guide combatants and better protect civilians.

Format: Paperback / softback
Length: 304 pages
Publication date: 13 February 2020
Publisher: Oxford University Press

Law and Morality at War is a comprehensive and thought-provoking book that delves into the complex interplay between law and morality in the context of armed conflict. It develops a normative framework for evaluating, interpreting, and reforming the law of armed conflict, aiming to ensure that it aligns with ethical principles and serves the best interests of all parties involved.

The book begins by defending the existing protections for civilians, recognizing their vulnerability in war-torn environments. It proposes new protections for combatants, recognizing their unique risks and responsibilities. Additionally, the book interprets vague and ambiguous rules, such as discrimination, precautions, and proportionality, in their morally best light, seeking to provide clarity and guidance for military personnel and policymakers.

One of the book's key contributions is its exploration of the justification of legal authority in armed conflict. It challenges traditional notions of legal legitimacy and argues that legal authority can be justified based on a range of ethical principles, including the protection of human rights, the prevention of genocide, and the promotion of peace. The book also examines the moral liability of defensive harm, exploring the circumstances under which combatants may be justified in causing harm to protect themselves or others.

Another important aspect of the book is its consideration of moral choice under uncertainty. It examines the ethical challenges faced by combatants and policymakers when making decisions in the heat of battle, particularly when faced with ambiguous situations or conflicting moral obligations. The book offers practical insights and strategies for navigating these complex moral dilemmas, aiming to improve the decision-making processes of combatants and protect civilians from harm.

In addition to its theoretical and philosophical contributions, Law and Morality at War also addresses the complex problems of the modern battlefield, including the use of human shields. The book recognizes the ethical and legal implications of using human shields, which can put civilians at risk and violate international humanitarian law. It offers critical analysis and recommendations for mitigating these risks and ensuring that the use of human shields is justified and proportionate.

The book is written in a clear and accessible style, making it accessible to a wide range of readers, including legal professionals, policymakers, military personnel, and civilians interested in the ethics and law of armed conflict. It is grounded in extensive research and scholarship, drawing on a wealth of legal, moral, and historical sources to provide a comprehensive and nuanced understanding of the topic.

Throughout the book, the author emphasizes the importance of dialogue and collaboration between legal professionals, policymakers, and military personnel to ensure that the law of armed conflict is implemented effectively and ethically. He advocates for a more nuanced and principled approach to conflict resolution, recognizing that armed conflict is often complex and multifaceted, and that there is no single solution that can address all the challenges it presents.

In conclusion, Law and Morality at War is a groundbreaking and essential book that provides a comprehensive and normative framework for evaluating, interpreting, and reforming the law of armed conflict. It makes original contributions to a range of current debates in moral and legal philosophy, including the justification of legal authority. authority, moral liability to defensive harm, and moral choice under uncertainty. At the same time, it directly confronts the complex problems of the modern battlefield, including the use of human shields. Both theoretical and practical, the book aims to better guide combatants and better protect civilians. With a new preface addressing recent developments and continued armed conflict, it remains a valuable resource for anyone interested in promoting peace, justice, and human rights in the context of armed conflict.

Weight: 468g
Dimension: 231 x 155 x 19 (mm)
ISBN-13: 9780198859321