Ulteriori informazioni
Drawing on recent research in moral psychology and neuroscience, this book argues that universal moral beliefs and emotions shaped the evolution of the laws of war, and in particular laws that protect civilians. It argues that civilian protection norms are not just a figment of the modern West, but that these norms were embryonic in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe. However, despite their ubiquity, this book argues that civilian protection rules are inherently fragile, and that their fragility lies not just in failures of compliance, but also in how moral emotions shaped the design of the law. The same beliefs and emotions that lead people to judge that it is wrong to intentionally target civilians can paradoxically constitute the basis for excusing states for incidental civilian casualties, or collateral damage. To make the laws of war work better for civilians, this book argues that we need to change how we think about the ethics of killing in war.
Sommario
Part I. A Theory of Moral Psychology and International Norms: 1. Introduction: the laws of war and the puzzle of norm emergence; 2. Mapping the mind: moral psychology and international humanitarian law; Part II. The Universal Grammar of the Laws of War: China, Islam, and the West: 3. Taming the sovereign: state formation and the ethics of war in ancient China; 4. War and peace in Islamic law: cultural evolution and the ethics of war in early Islam; 5. Moral emotions and natural law: the peace of god, catholic just war theory, and the European enlightenment; Part III. Moral Sentiments and the Development of International Humanitarian Law: 6. Humanizing hell: the Hague peace conferences and the second world war, 1899-1945; 7. A moral revolution in the history of humankind: the Geneva conventions and the politics of international humanitarian law, 1945-1977; 8. Conclusion: moral emotions, permissive effects, and the rationalization of IHL.
Info autore
David Traven is an Assistant Professor of Political Science at California State University-Fullerton.
Riassunto
Traven's analysis will provide IR theorists, international lawyers, and moral philosophers with a better understanding of why civilian immunity norms emerged and developed in modern international law. Furthermore, it will help them better understand why these norms fail to adequately protect civilians, and what can be done to improve them.
Prefazione
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
