- The Oxford Handbook of Ethics of War
- The Ethics of War
- Method in the Morality of War
- The Just War Framework
- Historiography of Just War Theory
- Deep Morality and the Laws of War
- The Ethics of War up to Thomas Aquinas
- Late Scholastic Just War Theory
- Early Modern Sources of the Regular War Tradition
- A Richer Jus ad Bellum
- Knowing When Not to Fight
- National Defence and Political Independence
- Humanitarian Intervention and the Modern State System
- Territorial Rights and National Defence
- Last Resort and Proportionality
- Legitimate Authority in War
- Civil War and Revolution
- The Moral Equality of Combatants
- Noncombatant Immunity and War-Profiteering
- Human Shields
- Dimensions of Intentions: Ways of Killing in War
- Proportionality and Necessity in Jus in Bello
- Torture: Rescue, Prevention, and Punishment
- Drones and Robots: On the Changing Practice of Warfare
- Ending Wars
- War’s Aftermath and the Ethics of War
- Justice After War
- Reconciliation and Reparations
Abstract and Keywords
The concept of regular war, like that of just war, belongs to a long-standing intellectual tradition of conceptual articulation, legitimization, and contestation. The defining concern of this tradition has been to institutionalize juridical and conventional means of regulating and limiting the use of armed force. This chapter examines the early modern and Enlightenment accounts of Hugo Grotius, Christian Wolff, and Emer Vattel. In contrast to later legal positivist accounts, these accounts were very keen to provide ethical foundations for their eminently juridical projects. The chapter focusses on the defence of the principle of belligerent equality, which constitutes a central contrast between the regular and just war approaches. Epistemic, prudential, and security-based arguments in defence of the principle are reconstructed and their contemporary relevance assessed.
Pablo Kalmanovitz is an Assistant Professor at the Universidad de Los Andes in Bogota, Colombia.
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