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Beyond National Defense

Published online by Cambridge University Press:  28 September 2012

Abstract

In War and Self-Defense I attempt to generate a dilemma for the just war theory by arguing that the right of national defense cannot be reduced to personal rights of self-defense, nor can it be explained through an analogy with them. Jeff McMahan, David Mapel, and Fernando Tesón doubt this conclusion. In response I argue, first, that their objections are not as opposed to my basic project as they may at first appear. This is because they are premised on a conception of national defense that differs substantially from mainstream just war theory and international law. Second, I argue that McMahan's and Mapel's defense of the reductive argument is unconvincing because (among other things) it is premised on an inadequate view of the norm of proportionality. On the other hand Tesón's defense of the analogical view, based on a conception of the moral value of the just institutions of a legitimate state, cannot account for certain basic features of the international legal and moral order. These include the presumption that even unjust states can possess the right of self-defense against aggression and that it is impermissible for one just state to conquer and rule another just state. Finally I argue that the attempt to bolster the right of national defense through the concept of punishment is inappropriate because it ignores the crucial requirement for proper moral authority in the agent of punishment.

Type
Articles
Copyright
Copyright © Carnegie Council for Ethics in International Affairs 2004

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References

1 Rodin, David, War and Self-Defense (New York: Oxford University Press, 2003Google Scholar). All in-text reference citations are to this book.

2 This line of thought is implicit rather than explicit in the three critical comments. It is really just my “argument from humanitarian intervention” interpreted as a positive argument for a revision of just war theory rather than as a reductio ad absurdumGoogle Scholar.

3 This classic formulation is Lassa Oppenheim's: Oppenheim, L., International Law: A Treatise, vol. I, 8th ed., Lauterpact, H., ed. (London: Longmans, Green and Co., 1955), p. 312Google Scholar. See also Cassese, Antonio, Ex iniuriaius oritur: Are We Moving Towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?” European Journal of International Law 10, no. 1 (1999), pp. 22–30CrossRefGoogle Scholar.

4 A conditional threat is one in which an aggressor threatens to use lethal force if the victim does not surrender certain lesser rights such as property or minor libertiesGoogle Scholar.