The Morality of War

Q3 Arts and Humanities Parameters Pub Date : 2006-06-16 DOI:10.5860/choice.44-2057
Brian Orend
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引用次数: 256

Abstract

HE Treaty of Paris and the President's Naval program have focused the Nation's thought on peace, or, perhaps to be more precise, on the avoidance of war. Yet, because of the diametrically opposed methods of approach used in them, and because of the exaggerated claims which are sure to be set forth by the proponents and antagonists of these measures, the exact status of war, from a moral viewpoint, may be greatly clouded. Hence in this paper we purpose to examine the question of war and to determine the conditions justifying or condemning this instrument of nations. "War is a contention carried on by force of arms between sovereign states, or communities having in this regard the right of states." That war is not instrinsically wrong is evident both from the Divine Positive Law and from the Natural Law. For John the Baptist, in his instruction to the soldiers, says nothing about laying down their arms; which certainly he would have said if war were never justifiable before God. Furthermore, the Natural Law confers on nations the moral powers necessary to the purpose of the nation; viz., to obtain its corporate rights and the rights of its citizens. To forbid it the use of coercion in maintaining intact and inviolable these rights would be to label the end and duties of the nation meaningless, since each nation, being supreme in its temporal affairs, is without a superior to which it can appeal. "The right of self-defense is part of the law of our nature·, and it is the indispensable duty of civil society to protect its members in the enjoyment of their rights, both of person and property."8 Nations may surrender a part of this right by pacts and treaties, but it is only with the consent of the individual nations that international courts may exercise this right, as in the nation alone does the Natural Law implant this right. But of more practical importance than the fact that war is.
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战争的道德
《巴黎条约》和总统的海军计划使国家的思想集中在和平上,或者更确切地说,集中在避免战争上。然而,由于在这些措施中使用了截然相反的方法,并且由于这些措施的支持者和反对者肯定会提出夸大的主张,从道德的角度来看,战争的确切地位可能会受到极大的影响。因此,在本文中,我们打算研究战争问题,并确定证明或谴责这一国家工具的条件。“战争是主权国家之间或在这方面拥有国家权利的社区之间通过武力进行的争论。”从神圣的实在法和自然法来看,战争在本质上并不是错误的。因为施洗约翰吩咐兵丁的时候,并没有说要放下武器;如果在上帝面前战争是不正当的,他肯定会这么说。此外,自然法赋予国家实现国家目标所必需的道德力量;也就是说,获得公司的权利和公民的权利。禁止使用强制手段来保持这些权利的完整和不可侵犯,将会给国家的目的和义务贴上无意义的标签,因为每个国家在其世俗事务中都是至高无上的,没有一个上级可以向其上诉。“自卫权是人类自然法的一部分,保护其成员享有人身和财产权利是公民社会不可或缺的义务。”各国可以通过协定和条约放弃部分这一权利,但国际法院只有在个别国家同意的情况下才能行使这一权利,因为自然法只赋予国家这一权利。但比战争本身更有实际意义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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Parameters
Parameters Social Sciences-Social Sciences (miscellaneous)
CiteScore
0.60
自引率
0.00%
发文量
55
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