Abstract
The chapter explores the Kantian philosophy of the law of war and how it is based on two normative claims. First, states are independent of each other in virtue of their duty to provide a legal order in a territory that they rule. Second, any use of non-defensive force by a state in a territory that it does not actually rule is illegal. Benbaji shows that there is a deep tension between these claims, and he sets out to offer a contractarian theory of the crime of aggression, which he characterizes as semi-Kantian: States are fully legitimate only if their right to rule over their territory is recognized by all other states. Semi-Kantians argue that Ripstein’s Kant misconstrues the standing of states vis-vis the territories over which they rule.
Original language | English |
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Title of host publication | The Public Uses of Coercion and Force |
Subtitle of host publication | From Constitutionalism to War |
Editors | Ester Herlin-karnell, Enzo Rossi |
Place of Publication | Oxford |
Publisher | Oxford University Press |
Chapter | 2 |
Pages | 13-31 |
Number of pages | 19 |
ISBN (Electronic) | 9780197519103 |
ISBN (Print) | 9780197519103 |
DOIs | |
State | Published - 1 Jan 2021 |
Keywords
- Contractarianism
- Kant
- Peremptory international law
- Territorial rights
- Voluntary international law
- War
All Science Journal Classification (ASJC) codes
- General Social Sciences