Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Debate on War, Terrorism & Civil Liberties: Just War Theory, Preemptive Wars, Violence, Study notes of Ethics

Various aspects of war, terrorism, and civil liberties through the lens of just war theory, preemptive wars, violence and terrorism, jihadism, and pacifism. It discusses the justification for war, the principles of jus ad bellum and jus in bello, the definition and characteristics of terrorism, the interpretation of religious texts, and the debate over trading civil liberties for safety.

Typology: Study notes

Pre 2010

Uploaded on 12/12/2009

mstrow-13
mstrow-13 🇺🇸

10 documents

1 / 5

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Chapter Eight: War, Terrorism, and Civil Liberties
11-9-09
JUST WAR THEORY (O’Brien):
Jus ad bellum (the right to war): Proposals to justify the use of force in a particular type of situation.
”Is the US invasion of Iraq war justified?” Is the US invasion of Iraq war justified?”Is the US invasion of Iraq war justified?”
War is Just in the following cases:
A) Competent authority declares war for a public purpose
B) Just cause, which can take place in 2 places
1. Defensive war, which is always just
2. Offensive war, to protect human rights
3. Proportionality, cost of war has to be worth what you get out of it (measured in human
life, international reputation, military equipment, natural resources, etc.)
C) Right intention
a. Object of war is to create everlasting peace
b. You want to treat your enemies charitably like human beings. Just disarm the soldier,
not bomb the shit of out the country
Jus in bello(the right in war): Considers the justice of particular types of actions within a war, whether or
not the war itself was justified.
<Is it justifiable to drop bombs on civilian areas during that war?”Is the US invasion of Iraq war justified?”
A) Principle of Proportion= military means have to be proportionate to military ends.
Remember to treat enemies with respect. When soldiers drop their weapons in the
beginning it is not justified to shoot them dead then because it will be easier and cheaper.
Keep them as prisoners of war and respect their humanity.
B) *War can be just and include unjust acts. Similarly, a war can be unjust and include no
unjust acts.
C) Principle of Discrimination, or Principle of Noncombatant Immunity= If you are not part of
the war effort, you are not allowed to be killed. You cannot shoot a medic, for example.
Medics will aid everyone.
St. Thomas Aquinas (Summa Thelogica)
1. The authority of the sovereign by whose command the war is to be waged
2. A just cause is required, namely that those who are attacked, should be attacked because they
deserve it
3. Necessary that the belligerents should have a rightful intention, so that they intend the
advancement of good, or avoidance of evil
PREEMPTIVE WARS: (Justifiability of war)
We must strike first, to destroy those adversaries who pose a serious risk of attacking us first with
Weapons of Mass Destruction.
pf3
pf4
pf5

Partial preview of the text

Download Debate on War, Terrorism & Civil Liberties: Just War Theory, Preemptive Wars, Violence and more Study notes Ethics in PDF only on Docsity!

Chapter Eight: War, Terrorism, and Civil Liberties 11-9- JUST WAR THEORY (O’Brien): Jus ad bellum (the right to war) : Proposals to justify the use of force in a particular type of situation. ”Is the US invasion of Iraq war justified?” Is the US invasion of Iraq war justified?”Is the US invasion of Iraq war justified?” War is Just in the following cases: A) Competent authority declares war for a public purpose B) Just cause, which can take place in 2 places

  1. Defensive war, which is always just
  2. Offensive war, to protect human rights
  3. Proportionality, cost of war has to be worth what you get out of it (measured in human life, international reputation, military equipment, natural resources, etc.) C) Right intention a. Object of war is to create everlasting peace b. You want to treat your enemies charitably like human beings. Just disarm the soldier, not bomb the shit of out the country Jus in bello (the right in war) : Considers the justice of particular types of actions within a war, whether or not the war itself was justified.  “Is it justifiable to drop bombs on civilian areas during that war?”Is it justifiable to drop bombs on civilian areas during that war?”Is the US invasion of Iraq war justified?” A) Principle of Proportion = military means have to be proportionate to military ends. Remember to treat enemies with respect. When soldiers drop their weapons in the beginning it is not justified to shoot them dead then because it will be easier and cheaper. Keep them as prisoners of war and respect their humanity. B) *War can be just and include unjust acts. Similarly, a war can be unjust and include no unjust acts. C) Principle of Discrimination , or Principle of Noncombatant Immunity = If you are not part of the war effort, you are not allowed to be killed. You cannot shoot a medic, for example. Medics will aid everyone. St. Thomas Aquinas (Summa Thelogica)
  4. The authority of the sovereign by whose command the war is to be waged
  5. A just cause is required, namely that those who are attacked, should be attacked because they deserve it
  6. Necessary that the belligerents should have a rightful intention, so that they intend the advancement of good, or avoidance of evil PREEMPTIVE WARS: (Justifiability of war) We must strike first, to destroy those adversaries who pose a serious risk of attacking us first with Weapons of Mass Destruction.

VIOLENCE AND TERRORISM:

By: R. G. Frey and Christopher W. Morris- New definition of terrorism

  1. Terrorism is included within violence but that not all violence is terrorism
  2. One characteristic is randomness or surprise
  3. Attack on nonmilitary personnel, innocent civilians, yet in war innocent civilians often die JIHADISM: Islamist-motivated political violence One main exert of the Holy Qur’an is Sura 8:60- if taken literally seems to authorize physical violence against anyone who does not support the Muslim Religion. Islamic leaders view this as a hirabah: waging war against society- and not what it means PACIFISM: Believe that violence is always wrong, they urge for peaceful, nonviolent resolution of political and social differences. Ex: killing of human in any setting, self defense, and capital punishment. Ad Homincems?- CIVIL LIBERTIES: ARGUMENTS FOR TRADING CIVIL LIBERTIES FOR SAFETY
  4. Only terrorists need to worry about searches by the government, not law-abiding citizens  Point: have nothing to hide, they won’t find anything, if it helps the gov. to find terrorists then search all of us.  Counterpoint: my private life should not be an open book, stuff might be taken out of context and make me look guilty.
  5. I’ll never go on trial, as I follow the law, so the right to a public trial with a jury is irrelevant to me.  Point: terrorists don’t deserve the same rights as citizens have under the bill of rights.  Counterpoint: innocent people get arrested too, and my rights should always be available to me, country founded on rights.
  6. Good citizens should not speak ill of the president and the government in a time of war anyway.  Point: all should rally behind the president and the military, demoralizing to the nation and only encourages our enemies.  Counterpoint: free speech is our best insurance to hear and discuss all viewpoints.
  7. Those religious schools that teach Islam are a breeding ground for terrorists and should be closed down in this country.  Point: teaching of hatred of the West  Counterpoint: Most love peace and condemn terrorism ARGUMENT AGAINST TRADING CIVIL LIBERTIES

The Department of Highway Safety and Motor Vehicles: offered a private room with only a female license examiner present. State won 11-11- Make Torture an Option By: Alan Dershowitz A) “Is it justifiable to drop bombs on civilian areas during that war?”ticking time bomb”Is the US invasion of Iraq war justified?” a. Girl buried with 2 hours of oxygen and guy won’t speak B) Torture warrant a. Court ordered by a judge b. So that we don’t violate certain things, we have restrictions c. If he is a terrorist, then we are authorized to do certain things but not other exteme Torture and Ticking Bomb By: David Luban (against torture) A) The number game, chance & certainty a. Chance that the guy knows what you want to know and if he will tell you i. Example is Pakistani that said there were WMD that got us into war after being water boarded for 2.5 minutes and other various torture b. Certainty is that I am intentionally casing pain to another human being based on the chance of them may or may not knowing something c. Ticking time bomb never really happens d. Pass code with mother’s life vs America’s life. Would you give the pass code up for your mom or choose to save millions of lives? B) Practice vs. Policy a. What actually works in interrogation? b. Befriending terrorist is a better way of attaining information rather than torture. c. As of now we can perform enhanced interrogation strategies which allow shoving, but not hitting C) Torture culture a. Do we really want to inhabit a torture culture? Majoring in Torturing.., etc. b. *****Not only is torture not effective it is not moral either. National Security State By: David Cole USA Patriot Act: a lot of people voted for it without reading everything in it Problems: A) Guilt by association a. If you have ever associated with anyone who might be associated with terrorists, you are in trouble. B) Due process

a. We usually have to provide evidence that there is potential danger to lock someone up. With this, we do not need anything. We can lock anyone up indefinitely without any evidence whatsoever. You lose due process; you do not get a trial. C) Search & seizure a. For someone to search your stuff, one must attain a warrant that is backed up with evidence that you are engaged in illegal activity. Under this, D) Military tribunals a. Applying military guidelines to people of no military association and not in a time of war. In military tribunals, people cannot E) Attorney-client privilege a. Normally what goes on between you and your attorney is confidential. Not under this; everything is out in the open. Because of the 5th^ amendment you do not have to testify against yourself. F) Profiling a. Ethnic profiling. “Is it justifiable to drop bombs on civilian areas during that war?”Muslim terrorists”Is the US invasion of Iraq war justified?” are wrong stereotypes. Most muslims do not condone what Al-Quaida has done. Jihad=struggle; a jihad is a group against wrongful actions. Not every muslim is a terrorist! ***** We try too hard to prevent 911, or anything like it, from happening again, and it get us into trouble.