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8 - Conclusion

Moral Emotions, Permissive Effects, and the Rationalization of International Humanitarian Law

from Part III - Moral Sentiments and the Development of International Humanitarian Law

Published online by Cambridge University Press:  11 June 2021

David Traven
Affiliation:
California State University, Fullerton
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Summary

The concluding chapter summarizes the theoretical analysis and empricial findings of the preceding chapters. It then argues that one of the key problems with the laws of war is that they enable states to evade accountaibility for imposing high risks on the civilian population. Although the principles of distinction and proportionality impose some restraints on what states can do in war, the permissive effects of the principle of proportionality provide states with significant flexibility when it comes to battlefield decisions that threaten civilians. Building on Jurgen Habermas's discourse ethics, it argues for a principle of affected interests that would correct for some of the permissive effects of the laws of war by requiring states to give equal consideration to civilians in how the incidental risks of war are distributed.

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Law and Sentiment in International Politics
Ethics, Emotions, and the Evolution of the Laws of War
, pp. 265 - 282
Publisher: Cambridge University Press
Print publication year: 2021

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  • Conclusion
  • David Traven, California State University, Fullerton
  • Book: Law and Sentiment in International Politics
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108954280.011
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  • Conclusion
  • David Traven, California State University, Fullerton
  • Book: Law and Sentiment in International Politics
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108954280.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • David Traven, California State University, Fullerton
  • Book: Law and Sentiment in International Politics
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108954280.011
Available formats
×