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Minimal Justice and Regime Change in Brian Orend’s Political Ethics
Высшая школа экономики
,
2016.
Kumankov A.
Brian Orend, one of the leading just war theorists, is best known today for elaborating jus post bellum principles while his works contain another distinctive component, concept of “minimally just” political community. This article explores Briand Orend’s conception of “minimally just” political community, especially the meaning of this concept for Orend’s version of just war theory. Orend uses Kantian political and moral philosophy in order to prove there are two key functions of state: protection of human rights and establishing order. Since human rights are universal, a state should assist in protection of human rights of every person, not only its citizen’s rights. This leads to situation when states avoid of harming foreigners and aggressive wars become banned. Orend call a state “minimally just” if it follows these rules. However, these states could violate non-intervention principle and start wars. A crucial point here is an idea that a “minimally just” state has a right to fight for the overthrow of the aggressive regimes and establishment of “minimal justice”. The author concludes that this notion helps Orend extend the list of just causes of war, though his original intention was limitation of cases when arms could be used.
Research target:
Philosophy, Ethics, and Religious Studies
Priority areas:
humanitarian
Language:
English
Kumankov A., Культура: управление, экономика, право 2016 № 2 С. 6-12
This article explores Briand Orend’s concept of minimally just political community, especially the meaning of this concept for Orend’s version of just war theory. Orend uses Kantian political and moral philosophy in order to prove there are two key functions of state: protection of human rights and establishing order. Since human rights are universal, a ...
Added: April 14, 2016
Kumankov A., СПб. : Алетейя, 2019
Монография посвящена малоизученной в отчественной научной литературе теме - современной теории справедливой войны. В центре внимания автора - концепции справедливой войны М. Уолцера, Н. Фоушина, Б. Оренда и Дж. МакМахана. В работе подробно разбирается специфика интерпретации теории справедливой войны каждого из этих авторов, выявляются теоретические основания их концепций и определяются ключевые направления развития теории справедливой войны в XXI в. ...
Added: April 14, 2016
Kumankov A., Философские науки 2020 Т. 63 № 11 С. 58-73
The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the ...
Added: August 11, 2021
Kashnikov B., Этическая мысль 2019 Т. 19 № 2 С. 152-167
The article contains investigation and critique of the foundations of the contemporary just war theory. The foundations are culture specific and do not possess the necessary character traits of the universal ethical theory. The major theses of the article are the following:
The contemporary war cannot be just, but can be justified.
The contemporary just war theory ...
Added: December 9, 2019
Kashnikov B., Српска политичка мисао 2016 Vol. 23 No. 51 P. 31-47
The author of this paper presents the dilemmas over the meaning of victory in contemporary wars, arguing that wars such as "war on terror", "humanitarian intervention" and especially "just war" seem to be unwinnable. In the first part of the paper the author presents the normative meaning of the term "victory" which goes beyond the ...
Added: November 7, 2015
Kashnikov B., Вопросы философии 2020 № 2 С. 14-25
The ongoing current transformation of war is different from the transformations
of the past not only in scope, but also in its meaning and profoundness. This
transformation is comparable only to the profound transformation, which was
taking place at the dawn of Modernity and led to the emergence of the sovereign
states. The contemporary transformation is triggered by the ...
Added: March 12, 2020
Kashnikov B., Boston, Leiden : Brill, Nijhoff, 2017
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Added: November 8, 2015
Kashnikov B., Военно-юридический журнал 2017 № 2 С. 3-7
The basic historical stages of the existence of war are constituted by the special combinations of its factual and normative sides. The contemporary transformation of war means first and foremost the sifts of the major proportions of this combinations. From its factual side the war tends to become robotic, informational, hybrid, etc. From its normative ...
Added: November 23, 2016
Kashnikov B., / Издательский дом НИУ ВШЭ. Series WP "Working Papers of Humanities". 2014. No. 03.
The Just War Theory is one of the most rapidly progressing theoris of practical ethics. The theory outscored Realism, which reigned supreme as a normative philosophy of war for decades. Unlike Realism JWT strives to provide moral justification for wars. Like any other theory, the theory is based on a number of widely shared assumptions, ...
Added: April 29, 2014
Kumankov A., Russian Sociological Review 2015 Vol. 14 No. 4 P. 77-91
This article deals with the critique of Just War Theory (JWT) which appeared in the works of Carl Schmitt. JWT was revived in the middle of 1900s and was treated as an absolutely secular direction for military ethics. However, being Christian in its origin JWT retained a certain religious reasoning. This call for political morality ...
Added: October 22, 2014
Kumankov A., Логос 2019 Т. 29 № 3 С. 99-116
The article provides a brief overview of the history of understanding of war in European thought. Transformation of the perception of war as a socio-political phenomenon is traced in chronological order. Author focuses on the assessments of war from the standpoint of ethics and political theory. It is observed in the text how key questions ...
Added: August 4, 2019
Kumankov A., В кн. : Этика войны и мира: история и перспективы исследования. : СПб. : Алетейя, 2016. С. 152-175.
The article deals with the concept of just cause as it is interpreted in just war theory. The author examines the genealogy of just causes in the Christian and modern just war theory. Ideas of Augustine, Aquinas, Vitoria and Grotius are compared in order to demonstrate what was understood as a valid foundation of the ...
Added: December 8, 2015
Kashnikov B., Filozofski godišnjak 2012 Vol. 25 No. 25 P. 365-377
The article deals with the problem of normative evaluation of war and mass violence. The doctrines of Realism, Pacifism, Militarism, Realism and Just War are the most widely used theoretical and normative tools of this evaluation and normative practice. The latest developments have brought the Just War theory to the fore. The peak of popularity ...
Added: March 8, 2013
Kumankov A., Философские науки 2020 Т. 63 № 1 С. 85-100
The article raises the question of the modern meaning of Kant's doctrine of war. The context and content of the key provisions of Kant's concept of pepetual peace are considered. At the same time, we note the ideological relationship between Kant and previous authors who made proposals on the need to build alliances of states ...
Added: June 22, 2020
Kashnikov B., Kumankov A., СПб. : Алетейя, 2016
Коллективная монография посвящена одной из фундаментальных проблем этики – определению возможности нравственного ограничения войны. В XXI в. ввиду диверсификации политического пространства, развития различных видов глобализации и интеграции, а также усиления значения ассиметричных сил требуется провести ревизию философских традиций войны и подвергнуть критическому анализу сам концепт войны. в то же время, решение поставленной задачи невозможно без ...
Added: December 8, 2015
Kashnikov B., Российский научный журнал 2011 № 20 С. 83-94
The Private Military Companies (PMC) become more and more active in contemporary warfare, which is especially true of the United States of America. The Private Military Companies are also very important enterprises of contemporary economy, which grow rapidly. The rapid growth of PMC causes many problems. The article deals with some moral and political problems ...
Added: September 14, 2012
Kumankov A., Этическая мысль 2019 Т. 19 № 2 С. 137-151
The article considers punishment as a source of legitimization of war. The author traces the history of punitive paradigm of war, notes the moment when it was replaced by the legalist paradigm and considers the reactualization of the idea of punishment as a just basis of war. In order to to deal with these issues, ...
Added: November 5, 2019
Afanasov N., Логос 2019 Т. 29 № 3 С. 157-180
e emergence of “new wars” in the second half of the twentieth century has changed the conventional paradigm for thinking about military con icts and called into question the relevance of what previous theorists have o ered. However, the most useful approach to the analysis of war is based on the widely accepted concep- tual ...
Added: June 18, 2019
Kashnikov B., Liubimov S., Военно-юридический журнал 2014 № 7 С. 21-32
Victory should be regarded as a military version of a success. There is a difference between the content and meaning of victory. The contemporary transformation of war is dramatically shifting the meaning of victory. The normative conceptions of war, such as pacifism, militarism, realism and just war theory have their own conceptions of meaning and ...
Added: April 29, 2014
Kumankov A., СПб. : Издательство Европейского университета в Санкт-Петербурге, 2019
The social and political meaning of war has changed over the history of Western civilization. Each era from Antiquity to the present has its own way of understanding war and providing it with moral assessment. At the same time, the duality of the attitude to war was steadily reproduced. People were constantly trying to tame ...
Added: November 5, 2019
Kashnikov B., Coppieters B., Ceulemans C. et al., L., Lanham, Boulder : Lexington Books, 2020
This third edition of Moral Constraints on War offers a principle by principle presentation of the ethics of war as is found in the age-old tradition of the Just War. Parts one and two trace the evolution of Just War Theory, analyzing the principles of jus ad bellum and jus in bello: the principles that determine the ...
Added: March 12, 2020
Kumankov A., Vox. Философский журнал 2015 № 18 С. 1-11
The article deals with J.S. Mill’s arguments for military interventions justified in exceptional cases. Mill declared doctrine of non-intervention to be the key principle of the world politics. This principle postulates value of freedom and the right of people to self-determination. But there are some cases – such as revolutions, mass human rights violations or ...
Added: June 23, 2015
Kashnikov B., Fotion N., Lekea J., L. : Continuum, 2007
Terrorism poses an undeniable threat to societies throughout the world today. Martyr terrorism, the latest growing form of terrorist activity, and arguably the most effective, has become a regular occurrence. But how has terrorist activity evolved in the last 100 years, and what are the ethical costs of terrorism? In this informative book, three philosophers, ...
Added: October 13, 2012
Liubimov S., Political, technological, economic and social processes 2013
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Added: December 12, 2013