Kant and the Law of War

The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference 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 background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law. "The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the 17th century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant's moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs the permissible use of force because of wars distinctive immorality. He characterizes war as barbaric, because in war might makes right - which side prevails does not depend on who is in the right. The very thing that makes war wrongful also provides the appropriate standard for evaluating the conduct of war, and the only basis for law governing war"-- Provided by publisher The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant’s moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs the permissible use of force because of war’s distinctive immorality. He characterizes war as barbaric, because in war, might makes right—which side prevails does not depend on who is in the right. The very thing that makes war wrongful also provides the appropriate standard for evaluating the conduct of war, and the only basis for law governing war. An intervention into just war theory by the most influential contemporary interpreter and exponent of Kant's legal and political philosophy. Building on Kantian foundations, it offers a reconceptualization of the duties of the state and the norms governing war. Ripstein argues that a special morality governs war because of its distinctive immorality: The wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars may be fought, and the results of past wars Dedication Contents Acknowledgments 1. Perpetual War or Perpetual Peace 2. Political Independence, Territorial Integrity, and Private Law Analogies 3. National Defense 4. Ius In Bello I: Perfidy 5. Ius In Bello II: Combatants and Civilians 6. Ius In Bello III: Punishment 7. Ius In Bello IV: New Types of War 8. Ius Post Bellum: Kant’s Juridical Critique of Colonialism 9. The Structure of Peace: Global Institutions and Cosmopolitan Right Index