A Semi-Kantian Just War Theory

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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 languageEnglish
Title of host publicationThe Public Uses of Coercion and Force
Subtitle of host publicationFrom Constitutionalism to War
EditorsEster Herlin-karnell, Enzo Rossi
Place of PublicationOxford
PublisherOxford University Press
Chapter2
Pages13-31
Number of pages19
ISBN (Electronic)9780197519103
ISBN (Print)9780197519103
DOIs
StatePublished - 1 Jan 2021

Keywords

  • Contractarianism
  • Kant
  • Peremptory international law
  • Territorial rights
  • Voluntary international law
  • War

All Science Journal Classification (ASJC) codes

  • General Social Sciences

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