C. O'Driscoll's The Renegotiation of the Just War Tradition and the Right to PDF

By C. O'Driscoll

ISBN-10: 0230612032

ISBN-13: 9780230612037

ISBN-10: 1349373184

ISBN-13: 9781349373185

This ebook examines the way in which the simply battle culture has been invoked, engaged and constructed within the context of the struggle on terror, paying specific recognition to the questions of anticipatory conflict, humanitarian intervention, and punitive conflict.

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Sample text

71 This position is remarkably similar to that formulated by Vattel. 72 The only point on which Walzer deviates from Vattel is the matter of “previous signs of rapacity and ambition”: where Vattel considers them relevant to whether or not defense is justified in a given instance, Walzer would rather discount them. In all other respects, Walzer’s views on the moment at which a threat ought to generate a right to self-defense are almost perfectly aligned with Vattel’s thoughts on anticipatory war.

53 Significantly, both Bush and Blair consistently represented these arguments as valid just cause arguments for war. President Bush’s State of the Union address was typical in this regard. ”54 There was, of course, a certain pragmatism attached to Bush and Blair’s arguments; they were, after all, attempting to justify what would prove to be a very controversial military endeavor. 55 Jutta Brunnee and Stephen J. Toope suggest, however, that there was more to it than this. ”56 This raises the interesting question of whether we might read Bush and Blair’s arguments as a deliberate attempt to extend the boundaries of the jus ad bellum.

This was not the only justification they offered for the war—they also offered arguments relating to the enforcement of international law and humanitarian concerns— but it was the most prominent. 3 A 28 The Renegotiation of the Just War Tradition In putting forward such a position, Bush and Blair knowingly invoked a discourse regarding the right to anticipatory war, which is usually the preserve of international lawyers and just war theorists. This chapter examines exactly how Bush and Blair’s arguments correspond to this discourse, paying special attention to points of convergence and divergence they share with some of the more seminal articulations of the right to anticipatory war.

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The Renegotiation of the Just War Tradition and the Right to War in the Twenty-First Century by C. O'Driscoll

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