After War Ends : A Philosophical Perspective
There is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies.
- Electronic book text
- 05 Jun 2012
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
'After War Ends is a landmark text in the ethics of war that will form the starting point for debate on the issues of justice after war for many years to come. May's trademark synthesis of moral, legal and social argumentation is here deployed to superb effect. Essential reading for anyone seeking to make sense of recent military experience and map a better course for the future.' David Rodin, University of Oxford 'With this, his third book on Just War Theory, Professor May makes a massive contribution to our thinking about war's aftermath. The area of jus post bellum has not, until now, received the serious philosophical attention it deserves. May's lucid, comprehensive and fair account is sure to become the standard work in the field.' Nir Eisikovits, Suffolk University, Boston '... fills a lacuna in the just war literature ... Recommended ...' S. D. Lake, Choice 'A timely and important reminder of the need for ethical guidance to govern practices after wars end.' David Fisher, International Affairs '... a superb analysis of the moral, legal, and social concerns that the conclusion of armed conflict typically brings to the surface. May does not wallow in obtuse answers, but instead trades in a rich line of thoughtful argumentation and ethical instruction. ... this is essential reading for anyone interested in thinking about war's aftermath or the ethics of war more generally.' Cian O'Driscoll, Social Theory and Practice
Table of contents
1. Introduction: normative principles of jus post bellum; Part I. Retribution: 2. Grotius, sovereignty, and the indictment of Al Bashir; 3. Transitional justice and the Just War tradition; 4. War crimes trials during and after war; Part II. Reconciliation: 5. Reconciliation of warring parties; 6. Reconciliation and the rule of law; 7. Conflicting responsibilities to protect human rights; Part III. Rebuilding: 8. Responsibility to rebuild and collective responsibility; 9. Responsibility to rebuild as a limitation on initiating war; Part IV. Restitution and Reparation: 10. Restitution and restoration in jus post bellum; 11. A Grotian account of reparations; Part V. Proportionality and the End of War: 12. Proportionality and the fog of war.